Heim

This is an action on a receiver’s bond. Plaintiffs had judgment, from which and from the order denying their motion for a new trial defendants appeal.

One John S. Noble commenced an action for an injunction, in the superior court of Napa County, against the plaintiffs in this action, wherein he sought to procure the appointment of a receiver pendente lite, to take and retain exclusive possession of certain real and personal property at the time used in the furniture and.undertaking business by and in the possession of and belonging to them. The court appointed a receiver in the action on Noble’s ex p.wrte application upon filing a statutory bond in the sum of ten thousand dollars, executed by Noble as principal and the defendants in this action, Mooney and Davis, as sureties. Thereupon, the receiver entered upon the discharge of his duties and took possession of all the property involved, excluding the plaintiffs herein therefrom. Later on the court required a further bond of five thousand dollars to be given and it was executed by the same principal and sureties and was filed in the action. Subsequently, the defendants in that action (plaintiffs herein) gave notice of a motion…