California Courts of Appeal, 1932

Westphal v. Superior Court

Westphal v. Superior Court
California Courts of Appeal · Decided January 28, 1932
7 P.2d 711; 120 Cal. App. 263; 1932 Cal. App. LEXIS 66 (Pacific Reporter, Second Series)

Westphal v. Superior Court

Opinion of the Court

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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