Westphal v. Superior Court — 120 Cal. App. 263

Majority

p. 263

[Civ. No. 8354.

First Appellate District, Division One.

January 28, 1932.]

EDWARD W. WESTPHAL, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

p. 264

John J. Lermen, Walter H. Linforth and William M. Cannon for Petitioner.

Percy V. Long and Bert W. Levit for Respondents.

John L. McNab and Robert Littler, as Amici Curiae.

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

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 Pac. 517 ], Van Alen v. Superior Court, 37 Cal. App. 696 [ 174 Pac. 672 ], Bibby v. Dieter, 15 Cal. App. 45 [ 113 Pac. 874 ], and Davila v. Heath, 13 Cal. App. 370 [ 109 Pac. 893 ], the writ is granted.

Ryan v. Murphy 39 Cal. App. 640 Cal. Dist. Ct. App. 1919-02-07 p. 264
Van Alen v. Superior Court 37 Cal. App. 696 Cal. Dist. Ct. App. 1918-06-28 p. 264
Bibby v. Dieter 15 Cal. App. 45 Cal. Dist. Ct. App. 1910-12-15 p. 264
Davila v. Heath 13 Cal. App. 370 Cal. Ct. App. 1910-05-09 p. 264