White

White v. Superior Court

Good Law
110 Cal. 54·1895 Cal. LEXIS 1017·42 P. 471
Supreme Court of CaliforniaNovember 13, 1895S. F. No. 94California1,450 words

Opinion

Lead Opinion

Fleet, J.

This is an original proceeding, which in the matter of remedies sought is somewhat multifarious, and consequently not susceptible of single definition.

Petitioner asks for certiorari to review, and prohibition to stop, the execution of a certain order of the re *56 spondent court complained of. From the petition and the return thereto it appears that, in an action for divorce pending in said superior court, in which the petitioner, George E. White, is plaintiff, and one Frankie White,- defendant, a decree of divorce was entered in May, 1889, and the question of the property rights of the parties referred to a referee for report thereon. Subsequently, in June, 1894, a receiver was appointed in said cause to take charge and possession of the property, real and personal, of the plaintiff therein, the petitioner here, and hold, manage, and control the same, under the supervision of said superior court, until further order in the premises. Oh February 9, 1895, the report of the referee having been received, said court made and entered its final decree in said action, awarding to the defendant therein, Frankie White, the sum of one hundred thousand dollars as permanent and final…

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