Corporations — Receiver—Notice—Bond—Jurisdiction—Contempt— Prohibition.—An order appointing a receiver of the property of a corporation, made without any notice, and without any bond from the plaintiff on the appointment of the receiver, is without jurisdiction, and the enforcement of the order by proceedings for contempt, for refusing to deliver property to the receiver, will be prevented by writ of prohibition.

Id.—Necessity of Notice upon Appointment of Receiver.—A receiver will not be appointed to take property out of the possession of a defendant without trial, without previous notice to the defendant, save in case of irreparable pending injury, and in no case where a temporary injunction would be sufficient.

Id.—Property in Possession of Another Receiver—Jurisdiction.—A court has no power to appoint a receiver where a receiver has already been appointed by another court, with equal jurisdiction, and was in possession at the time of the appointment.

Id.—Requirement of Bond—Abuse of Discretion.—The appointment of a receiver to take the property and business out of the hands of a person in possession, and claiming ownership thereof, without requiring a bond from the plaintiff, is, in most cases, a gross abuse of discretion.

Id.—Unauthorized Receivership of Corporation — Prohibition.—In the absence of statutory authority, a receiver cannot be appointed during the pendency of an action to displace the management of the cor- _ poration by its directors; and there is no statutory authority under section 564 of the Code of Civil Procedure, or any other provision of the code, or any legislative enactment, to seize the property of the corporation out of the hands of the constituted management, and place it in the hands of a receiver during the pendency of an action; and prohibition is the proper remedy to prevent the attempted exercise of such receivership.

Id.—Corporation Formed by Partnership—Rule as to Receivership Unchanged.—Where the complaint upon which the receiver was appointed shows the organization of a corporation, and a conveyance to it of all the mining property owned by the partnership, and the issuance of shares to the corporation through the several partners, and that the corporation has carried on the business of operating the mines, and has the legal title thereto and right to possession thereof, an averment that the corporation is a mere medium of the partnership, and not an independent corporation, and that the fraud was committed by one of the members of the partnership upon another in the distribution of the shares of the corporation, does not change the rule that the court has no power to take the control of the property and business of the corporation out of the corporate management and give it to a receiver; nor is any new power given the court by the averments of the complaint.

Id.—Injunction against Withdrawing of Moneys of Corporation— Remedy—Motion—Appeal—Prohibition.—An injunction to restrain a corporation and its officers from withdrawing moneys deposited in certain banks in the name of the corporation, or in the name of a receiver appointed in another action, and from selling any of the mines of tho corporation, or any interest therein, although granted without notice, does not have the effect to suspend the general and ordinary business of the corporation, and the remedy therefor is by motion in the superior court to dissolve the injunction, and an appeal from the order denying the motion; and its enforcement cannot be prevented by a writ of prohibition.