Havemeyer

The application for a peremptory-writ of prohibition herein, and the charge that the judge of the superior court and his receiver had violated the injunction contained in the preliminary or alternative writ, and had thereby committed a contempt, were beard and submitted.together. In our opinion, filed at the time of deciding the cause (see 84 Cal. 327 ), we stated very fully all the facts necessary to be considered in deciding upon the charge of contempt, excepting only those relating to the character and extent of Mr. Reddy’s possession of the refinery, etc., at the time he was served with the alternative writ.

Avoiding, as far as possible, any repetition of that statement, we proceed to consider whether the charge of contempt has been made out.

That Mr. Reddy did interfere with the possession and control, by petitioners, of the refinery and other property claimed by them in their own right, and described in our writ, that he did interfere with the conduct and business of the same, and that he did continue to exercise, with respect thereto, all the powers granted in the order appointing him receiver, after service of bur writ, ,■ is conceded, and it is also conceded that the…

I dissent. There is no evidence of contempt committed by either party in this case.