Grant v. Los Angeles & Pacific Railway

Citations

• 116 Cal. 71
• 47 P. 872
• 1897 Cal. LEXIS 510

Syllabus

<p>Appeal—Substitution of Plaintiff. — An order refusing to vacate an order substituting a person as plaintiff in place of the original plaintiff is not appealable. Such order is subject to review only on appeal from the fiual judgment.</p> <p>Id.—Receiver—Order Fixing Compensation.—An order fixing the compensation of a receiver, and taxing it as costs in the action as against all the parties, and directing him to apply toward its payment the balance of the fund remaining in his hands as such receiver, is, in legal effect, a final judgment upon a collateral matter arising out of the action, and is appealable by any party interested in the fund..</p> <p>Id.—Appointment of Receiver—Estoppel.—Where a particular person is appointed a receiver by consent of the then parties to the action, and thereafter, upon objections made by intervening creditors, he is removed, and another person is appointed receiver at the request of such intervenors, a party who is subsequently substituted as plaintiff in the place of the original plaintiff is not estopped to question the validity of the appointment of the second receiver.</p>