Pacific Broadcasting Co. v. Superior Court

An application for a writ of prohibition to prohibit the taking of any further proceedings under an order appointing a receiver, upon the ground that said order is void for want of jurisdiction to make it.

It does not appear from the petition that any application has ever been made to the trial court to vacate the order now claimed to be void, and as held in Havemeyer v. Superior Court, 84 Cal. 327 [ 18 Am. St. Rep. 192 , 10 L. R. A. 627, 24 Pac. 121, 141 ], “When a party has an opportunity of objecting in the lower court that it is proceeding or is asked to proceed in a matter without or in a manner exceeding its jurisdiction, he ought to make the objection there. It is only fair to the court that the objection should be brought to its attention in some proper form. If no objection is made,—the party having every opportunity to object,-—the court may reasonably infer that no ground of objection exists, and not only is the court entitled to the advice and suggestions of the party with reference to objections apparent on the record,—there are many cases in which the ground of objection would not appear unless set forth by plea in some form. And it is to be presumed that any valid…