Grant v. Superior Court of Los Angeles

Citations

• 106 Cal. 324
• 39 P. 604
• 1895 Cal. LEXIS 606

Syllabus

<p>Street Rail wat—Fixing Compensation op Receiver—Writ of Prohibition—Appeal—Certiorari.—An order fixing the compensation of a receiver of a street railway company, whose appointment was in excess of the jurisdiction of the court, can of itself injure no one; but if, in addition to the order fixing the amount, the court should order it paid out of the fund in the receiver’s hands, such order will be a final judgment and appealable by any party interested in the fund, or if not appealable by reason of its amount being insufficient to confer appellate jurisdiction, may be reviewed either upon certiorari or npon appeal from an order settling the receiver’s account, and there being a remedy by appeal or certiorari, a writ of prohibition will not lie to arrest the proceedings in the superior court.</p>