Opinion
Docket No. 8354.
January 28, 1932.
PROCEEDING in Prohibition for a writ directed to the Superior Court of the City and County of San Francisco, and Frank H. Dunne, Judge thereof, to prevent a receiver from interfering with petitioner's property. Writ granted.
The facts are stated in the opinion of the court.
John J. Lermen, Walter H. Linforth and William M. Cannon for Petitioner.
Percy V. Long and Bert W. Levit for Respondents.
John L. McNab and Robert Littler, as Amici Curiae.
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.