Gunder

Gunder v. Superior Court

Good Law
100 Cal. App. 334·1929 Cal. App. LEXIS 294·279 P. 822
Court of Appeal of CaliforniaAugust 9, 1929Docket No. 6156.California926 words

Opinion

Lead Opinion

Craig, J.

On October 23, 1926, suit was filed in the Superior Court of Riverside County by Samuel H. Gunder against his then wife, the petitioner herein, for the cancellation of a property settlement theretofore consummated between them. Judgment was rendered in favor of the plaintiff on November 4, 1927, declaring null and void a quitclaim deed, and a bill of sale, awarding him possession of the real and personal property, and ordering an accounting by the defendant. A referee was therein appointed to take an account of all property and moneys received by the defendant from the plaintiff or through re-investment of the proceeds thereof, and the defendant was restrained from encumbering, transferring or removing any of the subject matter of the suit pending such accounting. Said judgment further provided as follows:

The defendant, petitioner herein, appealed to the Supreme Court from “the judgment in the above entitled action, and each and every part thereof,” on November 14, 1927, and the appeal is still pending. Prior to the date last mentioned, and on the tenth day of November, 1927, the plaintiff, Samuel H. Gunder, moved the trial court for the appointment of a receiver, whereupon the…

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