Majority
p. 572FRANCIS NEHER, Plaintiff and Respondent, v. JOHN McDONOUGH, Impleaded, &c., Defendant and Appellant. Decided February 4, 1878. Before Curtis, Ch. J., Sedgwick and Freedman, JJ.
Headnote
Appeal by the defendant McDonough from an order appointing a receiver herein and directing him to pay to the receiver $346.13.S. V. Cooper, for appellant.
S. Jones, for respondent.
in an opinion by Curtis, Ch. J., held as follows:—The facts disclosed upon the appeal show that it was proper, for the protection of the property and of the lien claimed by the plaintiff, as well as the rights of all the parties, that a receiver should have been appointed.
. The order appealed from should be affirmed with costs.
Sedgwick and Freedman, JJ., concurred.