Westphal v. Superior Court

California Court of Appeal

Westphal v. Superior Court

7 P.2d 711, 120 Cal. App. 263, 1932 Cal. App. LEXIS 66

California Court of Appeal·Decided January 28, 1932·No. Docket No. 8354.·Published·Cited by 1 cases

Opinion

THE COURT.

Application for writ of prohibition to prevent a receiver appointed by respondent court from further interfering with the property of petitioner.

[1] It is claimed the appointment was void for the reason that there was a noncompliance with the provisions of section 566 of the Code of Civil Procedure with reference to the bond required by that section. Under authority of Ryan v. Murphy,39 Cal.App. 640 [179 P. 517], Van Alen v. Superior Court,37 Cal.App. 696 [174 P. 672], Bibby v. Dieter, 15 Cal.App. 45 [113 P. 874], and Davila v. Heath, 13 Cal.App. 370 [109 P. 893], the writ is granted.

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THE COURT.

Application for writ of prohibition to prevent a receiver appointed by respondent court from further interfering with the property of petitioner.

[1] It is claimed the appointment was void for the reason that there was a noncompliance with the provisions of section 566 of the Code of Civil Procedure with reference to the bond required by that section. Under authority of Ryan v. Murphy,39 Cal.App. 640 [179 P. 517], Van Alen v. Superior Court,37 Cal.App. 696 [174 P. 672], Bibby v. Dieter, 15 Cal.App. 45 [113 P. 874], and Davila v. Heath, 13 Cal.App. 370 [109 P. 893], the writ is granted.

Westphal v. Superior Court, 7 P.2d 711, 120 Cal. App. 263, 1932 Cal. App. LEXIS 66 (Cal. Ct. App. 1932).

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