Legal Opinion

Engwicht v. Pac. States Life Assurance Co.

California Supreme Court

Decided March 9, 1908No. S.F. No. 4642Published

The facts are stated in the opinion of the court. U. S. Webb, Attorney-General, and Geo. A. Sturtevant^ Deputy Attorney-General, for Appellant. Under the causes of action alleged in. the complaint and' by the intervener, the court had no jurisdiction to appoint a. receiver of the trust fund. (Civil Code sections 453 d. and p. ; Code of Civil Procedure, sec. 564 ; Havemeyer v. Superior Court, 84 Cal. 327, 18 Am. St. Rep. 192, 24 Pac. 121 ; State Inv. etc.

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The facts are stated in the opinion of the court. U. S. Webb, Attorney-General, and Geo. A. Sturtevant^ Deputy Attorney-General, for Appellant. Under the causes of action alleged in. the complaint and' by the intervener, the court had no jurisdiction to appoint a. receiver of the trust fund. (Civil Code sections 453 d. and p. ; Code of Civil Procedure, sec. 564 ; Havemeyer v. Superior Court, 84 Cal. 327, 18 Am. St. Rep. 192, 24 Pac. 121 ; State Inv. etc. Co. v. Superior Court, 101 Cal. 135, 35 Pac. 549 ; San Jose Bank v. Bank of Madera, 121 Cal. 543, 54 Pac. 85 ; White v. White, 130 Cal. 599,…

1Opinion of the Court

THE COURT.

Plaintiff brought his action as a policyholder against the defendant life assurance company, to have determined the amount due him under his policy, to-have that amount declared a lien upon the fund of five-thousand dollars on deposit with the defendant Reeves as-state treasurer of the state of California, and to have judgment that the state treasurer pay the same out of the trust: fund of five thousand dollars in his possession. The defendant, assurance company is one of those organized under the provisions of the statutes of 1891 (p. 106) and, following the-life history of most of…

2Cases cited2 opinions

  1. San Francisco Savings Union v. E. B. LongCalifornia Supreme Court · 1898
  2. Kruger v. Life & Annuity Ass'nCalifornia Supreme Court · 1895

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