Garniss v. Superior Court

Citations

• 88 Cal. 413
• 26 P. 351
• 1891 Cal. LEXIS 704

Syllabus

<p>Receiver—Ejectment—Appointment Pending Appeal — Rents and Profits — Order Decreeing Right to Monets — Judgment. — An order decreeing that moneys collected by a receiver appointed to receive the rents and profits of land, pending appeal from a judgment in an action of ejectment, is the property of the party finally recovering in the action, is not a judgment for the rents and profits of the realty, or any part of the final judgment in the action of ejectment, or any judgment whatever upon which execution could issue.</p> <p>Id. — Termination op Receiver’s Right — Holding por Parte Recovering — Decree op Court. — The powers and duties of a receiver appointed to collect rents and profits pending an appeal in an action of ejectment are at an end when the rights of the parties are finally established, and he is then considered as holding for the benefit of the parties entitled to the property; and a specific decree of the court declaring the funds in the receiver’s hands to be the property of the party finally recovering the possession of the land in controversy is not required to perfect the title of such party to them.</p> <p>Id.—Assignment oe Right to Funds — Lien op Receiver for Fees and Costs — Part op Entire Demand.—The assignment of the entire right of the prevailing party to the funds in the hands of the receiver cannot be objected to by the receiver on the ground that the money in his hands was subject to a lien upon it for his fees and costs of receivership, and that the assignment therefore was for part of an entire demand.</p> <p>Id. — Jurisdiction os Justice’s Court —Appellate Jurisdiction — Action against Receiver by Assignee oe Funds — Assumpsit — Equity. — An action in the justice’s court by the assignee of the funds in the hands of the receiver is an action at law in assumpsit, and not a suit in equity, and is within the jurisdiction of the justice’s court, if the fund sued for is less than three hundred dollars, and is within the appellate jurisdicti