Opinion
Docket No. 6505.
October 26, 1928.
APPLICATION for a Writ of Prohibition to restrain the Superior Court of the City and County of San Francisco from hearing contempt proceedings. Walter Perry Johnson, Judge. Writ denied.
The facts are stated in the opinion of the court.
William F. Herron for Petitioner.
Harry I. Stafford and Edward A. Cunha for Respondents.
THE COURT.
[1] This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner's alleged interference with a receiver appointed by order of the Superior Court.
The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must be tried by the respondent court in the contempt proceedings. ( Goodrich v. Superior Court, 92 Cal.App. 695 [ 268 P. 669].)
The petition is denied.