Lewis

The petitioners herein are asking a peremptory writ of mandate to compel Hartley Shaw, as Judge of the Superior Court, to annul and vacate an order rendered by him setting aside an order appointing a receiver in certain consolidated actions set forth in the petition, and to compel said Judge to pass upon and determine all questions arising on a final report. The petitioners admit that their complaints in these various consolidated actions do not, nor does any one of them, state a cause of action except that petitioners state that they would have amended the same to state causes of action, except for the consent of the defendants in their various actions to the making of an order appointing a receiver therein. They further contend that this court should consider said complaints as they would have amended the same, and that the order appointing the receiver was affirmed by the supreme court by a dismissal of an appeal from such order, although the appeal was dismissed upon a motion made upon the sole ground that the order appealed from was an order made by consent.

It appears to this court that the only question involved, therefore, is whether or not the order appointing the…