Broder v. Conklin

Citations

• 121 Cal. 289
• 53 P. 797
• 1898 Cal. LEXIS 895

Syllabus

<p>Receiver—Stipulation—Deposit of Funds—Bonn—Order for Payment-Appeal.—Where a receiver of the rents and profits of real estate in controversy was discharged under a stipulation that the net proceeds received by him should be placed in the county treasury, subject to future order of the court, and that defendant should give bond to pay and account for rents and profits to be thereafter received by ' him, and to pay any judgment which might be recovered against him therefor, the pendency of an appeal from a judgment against the plaintiff for costs, and the fact that no bond upon appeal from the judgment was necessary or authorized by the code to stay proceedings as to the money held by the county treasurer, and that the statutory bond was given upon the appeal, besides a bond in double the amount of the judgment for costs, did not operate to stay the authority of the court to deal with the receiver, and with the funds paid into the treasury by him under the order of the court, and an order directing the funds to be paid to the defendant will be affirmed under the stipulation, upon the ground that the money so paid to him became subject to the terms of the bond given by him thereunder for rents and profits thereafter to be received by him.</p>