Wiencke

From the judgment in favor of defendant, the plaintiff appeals on the judgment-roll.

The action was for unlawful detainer, for damages and for the appointment of a receiver. It was tried before a jury, who rendered a general and a special verdict. By its findings and conclusions of law, the court decided all the issues in harmony with said verdicts of the jury, and judgment was entered accordingly. A receiver was appointed in the action on the twenty-fourth day of August, 1909, and this order was set aside and vacated on the twenty-sixth day of October, 1909, the date when the judgment herein was rendered.

As to the first objection, it is to be observed that the order does not in terms discharge the receiver, although it may be conceded to have that effect, since it vacates and sets aside the order appointing him. The action of the court cannot be disturbed for the simple reason that error is not shown. It was probably not necessary for the court to make this formal order, but appellant has shown no ground for complaint. The presumptions are, of course, in favor of the regularity of the proceedings, and we must assume that the court was entirely justified in making the order.…