McCarte

An alternative writ of prohibition was issued on the application of the two petitioners which alleged that they were the joint owners and entitled to the possession of the El Patio dance-hall,- that in a proceeding before the respondent Superior Court entitled Propper v. Poetz a' receiver was appointed by respondent to take possession of the premises; that neither of these petitioners was a party to said proceeding, had no notice thereof, and was not given an opportunity to be heard therein. Upon motion of respondent, and it appearing to this court that it had been imposed upon in the application for the alternative writ, said writ was set aside and the proceedings were converted into a motion for a peremptory writ of prohibition. Pending this hearing, the death of petitioner McCarte was suggested and her administrator was duly substituted.

The gravamen of the petition is that the order of respondent in appointing a receiver to take possession of the premises was without jurisdiction because the petitioners are the real owners thereof, and as such were not given an opportunity to be heard in the trial below. Upon the.hearing of the motion for a peremptory writ it appeared that,…