Taylor

Plaintiff, as trustee in bankruptcy of the Goewey Investment Company, a corporation, brought an action to recover certain sums of money, together with interest, from the defendant Exnieious, as receiver of the investment company, and the Aetna Casualty and Surety Company, as surety on the receiver’s bond. The allegations of the complaint, in substance, are that in an action brought by a stockholder against the Goewey Investment Company the superior court purported to make its order appointing Exnieious as receiver of the company, but that the court had no jurisdiction in the action, “and that said order was and is in excess of the jurisdiction of said court and utterly void and of no effect.” The Aetna Casualty and Surety Company executed a receiver’s bond for Exnicious in the usual form in the sum of $25,000. Thereupon, Exnicious, assuming to act as receiver under the order of the court, seized the assets and business of the investment company, and retained possession thereof until he turned part of the property over to the plaintiff, who had in the meantime been appointed trustee in bankruptcy upon an adjudication that the investment company was bankrupt. While in possession of…