McCutcheon

McCutcheon v. Superior Court

Good Law
134 Cal. App. 5·1933 Cal. App. LEXIS 117·24 P.2d 911
Court of Appeal of CaliforniaAugust 22, 1933Docket No. 9094.California2,636 words

Opinion

Lead Opinion

Houser, J.

It appears that in a certain action pending in the Superior Court of Los Angeles County judgment was rendered in favor of the plaintiff therein and against the corporation defendant therein for the principal sum of $3,463, and that thereafter a writ of execution which was issued on said judgment was duly returned “wholly unsatisfied”. Thereupon the plaintiff in that action instituted another and separate suit, termed a “creditor’s bill”, against the said corporation for the sole asserted purpose of having a receiver appointed to administer the assets mentioned and described in the complaint in said suit, together with the business of the corporation, to the end that the proper and legal claims of all creditors of said corporation, including that of the plaintiff, be satisfied and paid. The answer of the defendant corporation in said suit “admits all and singular the allegations of the complaint, and hereby consents to the appointment of a receiver”. In due course the petitioner herein was appointed such receiver, who thereupon, and for a period of more than one year thereafter, proceeded to and did administer the affairs of said corporation and conduct its business. After the…

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