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Adams v. Woods

Citations

  • 21 Cal. 165

Syllabus

<p>An order directing the receiver in an action to “ distribute of the funds in his hands, under and in the order mentioned in the decree heretofore made in this cause, the sum of $5,000 to the parties entitled to the same,” is not an appeal-able order.</p> <p>Such an order is not a special proceeding, within the purview of the first subdivision of section three hundred and thirty-six of the Practice Act, nor can it, when detached from the proceedings in an action, be treated as a final judgment from which an appeal may be taken.</p> <p>If an order for the distribution of a sum of money by a receiver may in some cases be a final judgment, an appeal from it must present it as the final result of some proceeding, and the record must show what the proceeding is.</p>

Judges: Norton

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