California Supreme Court, 1914

Polkinghorn v. Superior Court of San Bernardino Cty.

Polkinghorn v. Superior Court of San Bernardino Cty.
California Supreme Court · Decided December 16, 1914
168 Cal. 797

Polkinghorn v. Superior Court of San Bernardino Cty.

Opinion of the Court

THE COURT.

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 β€œThe 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.

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