Stoff v. Erken

The defendant in this case appeals from an order' appointing a receiver.

The receiver was appointed by an ex parte order in an action for the foreclosure of a mortgage. Section 566 of the Code of Civil Procedure provides that where a receiver is appointed ex parte “the court, before mating the order, must require from the applicant an undertaking, ” in an amount to be fixed by the court “to the effect that the applicant will pay--to the defendant all damages” sustained by defendant if the applicant shall have wrongfully procured the order. The record shows that this undertaking was not…