124 Cal. 525 | Cal. | 1899
On January 31, 1894, the plaintiff filed its complaint and, among other things, asked for the appointment of a receiver to take charge of a large amount of real and personal property. One S. Ephraim was thereupon and at the request of the plaintiff appointed receiver of all the .property described in the complaint. He gave the proper bond, took the oath and thereupon took charge of said property as such receiver. Thereafter, on March 6, 1895, before the issuance of any summons or the appearance of any defendant, the plaintiff filed with the clerk a written dismissal of the ease, and judgment of dismissal was accordingly entered by the clerk. Thereafter the said receiver filed his account and petition and asked the court
“It is to be observed, however, that the abatement of the action, or the entry of final judgment therein, does not have the effect of discharging the receiver ipso fado. And although as between the parties to the litigation his functions have terminated with the determination of the suit, he is. still amenable to the court as its officer until he has complied with its directions as to the disposal of the funds which he has received during the course of his receivership.”
In State v. Gibson, 21 Ark. 140, it appeared that the action was compromised and dismissed during a vacation of the court. ■It was claimed that the action being dismissed, the court had no further jurisdiction in the premises. The supreme court said: “But the dismissal of the bill did not discharge the re
We advise that the order be affirmed.
Haynes, C., and Britt, C., concurred.