Garniss

Application for writ of review.

The facts set out in petitioner’s application are as follows: “That one Horace W. Philbrook, upon the fifteenth day of April, 1890, commenced an action against the petitioner in the justice’s court of the city and county of San Francisco upon a complaint stating, among other things, ‘that on the twenty-ninth day of May, 1889, in the superior court of the city and county of San Francisco, a civil action was commenced by Edward Harrison, administrator, et al., against Mary J. Lynch et al., for the purpose of recovering from said Mary J. Lynch a certain lot of land, and of barring the other defendants of all rights, title, and interest therein; that on the fourth day of February, 1889, a judgment was rendered in said action against the said defendants; *415 that on the twenty-seventh day of March, 1889, and prior to the commencement of the action of Philbrook v. Garniss, the superior court appointed James R. Garniss (defendant herein) receiver, to receive, hold, and preserve, during the pendency of an appeal from said judgment, the rents of said lot of land; that prior to January 1, 1890, said receiver, as such, received the sum of $480 as rents of…