Illinois Trust & Savings Bank v. Pacific Railway Co.

Citations

• 115 Cal. 285
• 47 P. 60
• 1896 Cal. LEXIS 1008

Syllabus

<p>Street Railway—Foreclosure of Liens—Receiver’s Certificates—Appeal by Lienholder—Presumptions in Favor of Judgment—Jurisdiction of Prior Action — Parties.—In an action to foreclose a mortgage upon a street railway, where the trial court finds that in a prior action a receiver had been appointed to take possession of and operate- the street-car lines, and that certain receiver’s certificates had been authorized and issued in such action, and, by its judgment, declares such certificates to be a first lien upon the mortgaged property. apon appeal from such judgment by a subsequent lienholder, taken upon the judgment-roll alone, no inference can be indulged to defeat the judgment, and facts which would have authorized the action of the trial court must be presumed to have existed; and where the record upon such appeal does not show the character of the prior action in which the receiver was appointed, nor that there was not before the court in that action everything in the way of subject matter and parties requisite to give the court jurisdiction to bind the property and parties in the foreclosure suit, it will be presumed that the prior action was one which authorized the appointment of the receiver, and that facts existed authorizing the court in such action to issue the certificates, and giving it jurisdiction to bind the property and parties to the foreclosure suit, and also that such facts were proved at the trial of the foreclosure suit, in the absence of evidence and findings to the contrary.</p> <p>Id.—Receivership op Street Railway—Power oe Court as to Operation—Expenses—Burden upon Property.—When a court, in a proper ease, and under circumstances apparently authorizing such action, takes street railway property into its possession through a receiver, which is of a character to give the public a right to its continued operation and use, the court acquires a right and assumes the obligation of keeping such property in operation, and, for that purpose, is auth