Patents Process Inc. v. Superior Court

This ease now comes before the court upon hearing granted after the court had entered an order denying the application for the writ. On both hearings the cause was heard upon notice, and upon demurrer to the petition, and upon the petition and the answer of respondents. The opinion which accompanied said former order reads as follows:

In the petition for rehearing it was pointed out that in Mayberry v. Whittier, 144 Cal. 322 [ 78 Pac. 16 ], it was decided that the provisions of section 140 of the Civil Code, relating to the giving of security for providing maintenance or making any payments required under provisions of the chapter in which the section is contained, cannot be extended “so as to embrace the matter of the division of common property.” That decision is clear and positive on the point involved. It follows that said section 140 may not be relied upon as furnishing authority for the appointment of a re ceiver in the court below as shown in the present proceeding. Counsel for respondents suggests that the decision in Mayberry v. Whittier, supra, has been practically overruled by the decision in Meyer v. Meyer, 184 Cal. 687 [ 195 Pac. 387 ], but we are satisfied that in…