Fischer

During the pendency of an action entitled Behlow et al. v. Fischer et al., one Lane was appointed receiver to take possession of and manage certain mining property pending the result of the litigation. Subsequently a judgment was rendered for plaintiffs in said action, in which judgment said Lane was re-appointed receiver, with full power and authority to manage, conduct, and carry on this mining property.

The present proceeding is an application for a writ of prohibition, commanding respondents to desist from acting under said order. The application for the writ and the order to show cause were made prior to the rendition of the aforesaid judgment, but that judgment includes the authority under which the receiver is now acting, and for that reason we shall address ourselves to the legal sufficiency of that authority, although the *71 jurisdictional question presented is probably the same under either order, and the argument of counsel so seem to concede.

Petitioner’s position, as stated in his reply brief, is that the “ superior court acted without jurisdiction in wresting the possession of the mines from the corporation, which was the undisputed owner of them, and placing a…