Stuparich Manufacturing Co. v. Superior Court

Citations

• 123 Cal. 290
• 55 P. 985
• 1899 Cal. LEXIS 1062

Syllabus

<p>Receiver—Jurisdiction of Court—Property Held by Third Person— Order for Delivery—Prohibition.—Upon the appointment of a receiver in an action, the superior court has no jurisdiction to order that property in the possession of and claimed by a third person or corporation not a party to the suit shall be delivered to the receiver. The court can only authorize the receiver to bring suit therefor; and the enforcement of an order requiring summary delivery of the possession to the receiver, without an action, will be restrained by writ of prohibition.</p> <p>Id.—Claim of Ownership by Possessor not a Party—Right of Claimant to Judicial Trial.—A person or corporation in possession of personal property under a claim of ownership cannot be summarily deprived thereof by an order of court, based upon ex . parte affidavits in a proceeding to which such claimant is not a party; but he has the right to have his title determined in an appropriate action by the verdict of a jury or the findings of the court upon issues framed for that purpose.</p> <p>In.—Possession of Plaintiff as Officer of Corporation.—The fact that the plaintiff in the action in which a receiver is appointed has possession of property as an officer of a corporation which claims the ownership of the property, and which is not a party to the suit, does not change the rule that the corporation cannot be deprived of its possession without an action properly brought against it; but the plaintiff in such case has the right to assert the ownership of the corporation, and the character in which he held the property as an officer thereof.</p>