Fischer
Fischer v. Superior Court
Opinion
Lead Opinion
McFarland, J.
This is an original petition here by Jacob A. Fischer, M. A. Wheaton, and the Consolidated Golden Gate and Sulphuret Mining and Development Company, a corporation, for a writ of prohibition to the superior court of the city and county of San Francisco, and the Hon. James M. Troutt and Hon. James M. Sea-well, judges of said court, and also to John F. Pink-ham, a receiver appointed by said Troutt as judge of said court in a certain action therein pending in which Charles J. Behlow is plaintiff and the said Jacob A. Fischer et al. defendants, commanding said court and judges, and said Pinkham, to desist from taking any further proceedings, etc., under the order appointing said Pinkham receiver, or under a certain injunction issued in said action, or under an order and citation by which it is proposed to punish said petitioners, Fischer and Wheaton, for contempt in refusing to deliver certain real property to said receiver. The proceeding in prohibition here was submitted upon a demurrer to the petition, and also an answer filed by said judges, and a separate answer by said receiver Pinkham.
The complaint in the action in which Pinkham was. appointed receiver was filed April 19,…