McCall

Plaintiff brought this action for a dissolution of copartnership, for an accounting and for the appointment of a receiver. Upon the filing of the verified complaint the trial court made an ex parte order appoint ing a receiver. Defendant Thaddeus D. McCall appeals from said order.

The sole contention made by appellant is that the trial court erred in making an ex parte order appointing a receiver as no showing was made that irreparable injury would result unless a receiver was so appointed. In our opinion this contention must be sustained. (A. G. Col Co. v. Superior Court, 196 Cal. 604 [ 238 Pac. 926 ]; Fischer v. Superior Court, 110 Cal. 129 [ 42 Pac. 561 ]; Tyler v. Park Ridge Country Club, 103 Cal. App. 117 [ 284 Pac. 247 ]; Ryan v. Murphy, 39 Cal. App. 640 [ 179 Pac. 517 ]; Hobson v. Pacific States Mercantile Co. 5 Cal. App. 94 [ 89 Pac. 866 ].) In Fischer v. Superior Court, supra, the Supreme Court said at page 138 of the opinion: “The general rule, no doubt, is that so harsh a measure as the appointment of a receiver to take property out of one’s possession without trial will not be indulged in by a court without previous notice to the defendant. It would be unjustifiable,…