118 Cal. 421 | Cal. | 1897
The plaintiff seeks by this action to compel the defendant to satisfy an obligation made by her intestate to the Anglo-Californian Bank, and on November 9, 1895, the superior court rendered its judgment directing the defendant to discharge within a specified time certain indebtedness upon two promissory notes held by that bank, upon which a claim had been made by it against the estate of her intestate (and which by an agreement between her and the defendant he had agreed to assume and to release the said estate therefrom); and that in default thereof a certain piece of real property described in the judgment be sold and the proceeds applied in payment of said claim. The defendant gave notice of his intention to move for a new trial, and upon his motion the court, November 31, 1895, ordered a stay of execution until its decision upon this motion. In February, 1896, the plaintiff made an affidavit to the effect that the defendant had, during the pendency of the action, and prior to the entry of the judgment, transferred and disposed of his property and encumbered the same for the purpose of preventing the enforcement of the judgment, and asked for the appointment of a receiver, and thereafter the court appointed a receiver to take charge and possession of the land directed to be sold, and also of certain personal property described as “the furniture manufacturing business conducted under the firm name and style of F. W. Kreling & Sons, together with all the fixtures, appliances, appurtenances, tools, dues, claims, and demands of any kind and character belonging to said firm of F. W. Kreling & Sons, or in any way connected with said business, and of all the personal property used or employed in or about the said business, and the horses and wagons connected with said business, or standing in the name of F. W. Kreling, the defendant in the above-entitled action.” From this order made after judgment the plaintiff has appealed.
A receiver is an officer or representative of the court, appointed to take the charge and management of property which is the subject of litigation before it, for the purpose of its preservation and ultimate disposition according to the final judgment therein. As in any particular action the court has jurisdiction over only the property which is the subject of that litigation, that is the only property which it can authorize its receiver to
It was within the jurisdiction of the court to appoint a receiver of the land which it directed to be sold, and to give him authority to collect the rents thereof, and to hold the same subject to its further order. Although there had been no appeal from the judgment, the defendant had obtained a stay of its execution until after the decision of his motion for a new trial. The
Tbe superior court is directed to modify tbe order appealed from in conformity with this opinion.