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Polkinghorn v. Superior Court of San Bernardino Cty.

168 Cal. 797 Court Cal. Decision date 1914-12-16 Docket L. A. No. 3984 English

Contents

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p. 797
[L. A. No. 3984.
In Bank.
December 16, 1914.]
W. P. POLKINGHORN, Petitioner, v. SUPERIOR COURT OF SAN BERNARDINO COUNTY et al., Respondents.

Headnote

Receiver—Jurisdiction to Appoint—Prohibition.—Peremptory writ of prohibition issued on the authority of Elliott v. Superior Court, ante, p. 727.
APPLICATION for a Writ of Prohibition directed to the Superior Court of San Bernardino County and to S. P. Kelley.
The facts are stated in the opinion in Elliott v. Superior Court, ante, p. 727.
Tyrrell, Abrahams & Brown, for Petitioner.
E. W. Freeman, and William B. Ogden, for Respondents.

In this proceeding the petitioner, a creditor of the Gibraltar Investment and Home Building Company, filed a petition for a writ of prohibition arresting, the proceedings in a certain action pending in the superior court of San Bernardino County entitled “The Brookings Timber & Lumber Company, a corporation, Plaintiff, v. Gibraltar Investment and Home Building Company, a corporation, Defendant,” wherein one S. P. Kelley was appointed receiver of the assets of the defendant. On the authority of Elliott, v. Superior Court, (L. A. No. 3949), ante, p. 727, [ 145 Pac. 101 ], heretofore decided by this court, in which the order appointing said receiver was adjudged void, it is ordered that a peremptory writ of prohibition issue out of this court as prayed for in the petition on file in the above-entitled proceeding.