Davila v. Heath
California Court of Appeal
APPEAL from an order of the Superior Court of Alameda County, appointing a receiver. Harry A. Melvin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtChipman, P. J.
This is an action in which a partnership relation is averred in the complaint and an accounting is prayed for. Upon the filing of the complaint the court made and entered its order, ex parte, appointing a receiver “upon giving a bond . . . for the faithful performance of his duties as such receiver and upon taking his oath of office in the manner required by law.” The complaint was filed August 27, 1908; the order appointing the receiver was made August 31, 1908, and on September 2, 1908, the receiver’s bond was approved and filed and his oath of office duly taken. It appears from the clerk’s…
2Cases cited2 opinions
- Fischer v. Superior CourtCalifornia Supreme Court · 1895
- Amory v. AmoryWisconsin Supreme Court · 1870
3Cited by4 opinions
- Ryan v. MurphyCalifornia Court of Appeal · 1919
- Bibby v. DieterCalifornia Court of Appeal · 1910
- Westphal v. Superior CourtCalifornia Court of Appeal · 1932
- Westphal v. Superior CourtCalifornia Court of Appeal · 1932