62 P. 100 | Cal. | 1900
The plaintiff herein was appointed as a receiver in a suit brought by the intervenor for the foreclosure of a mortgage upon certain lands in Sutter county, *565 and brought this action as such receiver to recover possession of certain cattle claimed by him to be the rents and profits of the mortgaged property. It is contended by appellant that the plaintiff cannot recover in this action because his appointment as receiver was void; and, as we think that this contention must be sustained, it will not be necessary to examine any of the other questions raised in the case.
Prior to the enactment of section
The appeal in this case is from an order denying a new trial, and the order appealed from is reversed.
Van Dyke, J., Garoutte, J., Temple, J., Harrison, J., Henshaw, J., and Beatty, C.J., concurred.
Rehearing denied.