Cook

This is an appeal from an order denying plaintiff’s motion for a new trial.

The action was brought upon a bond given by defendant Terry as principal and the corporation defendant as surety, in accordance with the requirements of section 566, Code of Civil Procedure, for the purpose of procuring the making of an order appointing a receiver by the superior court of Santa Clara county, in an action then pending in said court wherein said Terry was plaintiff and said Cook was defendant. The bond was in the usual form, and was in the penal sum of $1,000, and conditioned as required by said section.

In support of the allegations of the complaint that the court made an order appointing one W. T. McDonald receiver in the said action, and directed and authorized him to take charge of the personal property described in the complaint, plaintiff upon the trial “offered in evidence from the records in the case of Terry v. Cook the original of what purported to be an order appointing the receiver in said action.” Omitting the title of the court and action, said order is as follows: “It appearing to the satisfaction of the court that Fred R. Cook has in his possession and control the following…