69 P. 143 | Cal. | 1902
At the commencement of the present action a receiver was appointed to take possession of, and, under the direction of the court, to manage the property described in the complaint. The receiver afterward applied to the court for an order directing him to purchase and install a cyanide plant upon the property. Prior thereto, apparently in anticipation of such application, the appellant herein, who is not named as a party to the action, having obtained from the court an ex parte order therefor, filed a petition, styled by him a complaint in intervention, against permitting the receiver to incur any indebtedness for this purpose. When the receiver's application came on for hearing the court, upon the motion of the plaintiff, struck out the appellant's petition and set aside its order permitting the same to be filed. The appellant thereupon filed an answer to the receiver's application, and upon the motion of the plaintiff the court refused to hear his opposition thereto. Upon hearing the application of the receiver the court granted the same, the plaintiff consenting thereto and the defendants making no objection. The present appeals are from these orders of the court.
In the case of Free Gold Mining Co. v. Spiers,
The appeals are dismissed.
Van Dyke, J., and Garoutte, J., concurred.