Von Roun v. Superior Court

Citations

• 58 Cal. 358
• 1881 Cal. LEXIS 234

Syllabus

<p>Receiver—Insolvency—Jurisdiction—Certiorari.— On the filing of the petition of an insolvent, the Court made the usual order directing the Sheriff to take charge of the estate, but afterwards and before the appointment of the assignee the Court appointed a receiver, to whom the Sheriff was directed to deliver the property of the petitioner in his hands. Upon the application of an attaching creditor (whose attachment had been put in the hands of the Sheriff prior to the filing of the petition) for a writ of certiorari:</p> <p>Held, That the Court had jurisdiction to make the order.</p> <p>Id.—Id.—Held, further, that the lien of the attachment was not affected by the appointment of a receiver, but if the applicants had any lien, the receiver hel'd the property subject to such lien as fully as did the Sheriff, and that if the property was sold by the receiver the lien would attach to the proceeds.</p>