California Courts of Appeal, 1928

Herron v. Superior Court

Herron v. Superior Court
California Courts of Appeal · Decided October 26, 1928
94 Cal. App. 510

Herron v. Superior Court

Opinion of the Court

THE COURT.

This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner’s alleged interference with a receiver appointed by order of the Superior Court.

The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must' be tried by the respondent court in the contempt proceedings. (Goodrich v. Superior Court, 92 Cal. App. 695 [268 Pac. 669].)

The petition is denied.

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