Manos

This appeal is from an "order made by the superior court of the state of California, in and for the county of Glenn, appointing a receiver to take charge of the business of defendant and appellant upon the ex parte application of one W. A. Simms, who was not a party to the action, but who procured the ex parte order upon the filing of an affidavit setting forth a certain interest which he claimed in the personal property affected by said action. It appears from the record that the receiver when thus appointed qualified and took possession of the property in dispute and proceeded to administer and dispose of the same in accordance with the terms of the order appointing him such receiver. Thereafter the defendant and appellant duly filed his notice of appeal from the order appointing such receiver and also his notice in due time and form for the preparation of the transcript upon appeal, which transcript was duly prepared and filed. Appellant also in due time filed his opening brief herein, to which the respondent presented and filed no reply brief, whereupon, the time having expired for the filing of such respondent’s brief, the appellant presented to this court a petition for an…