Petaluma Savings Bank v. Superior Court

This is an original proceeding by mandamus based upon the following facts:

Since the year 1887 there has been pending in the superior court of San Francisco an action for divorce, *491 entitled George E. White v. Frankie White, in which a judgment was entered on May 15, 1879, granting a divoice to the defendant upon grounds stated in her cross-complaint. By said judgment she was awarded the community property and. $200 per month, further judgment being deferred until the coming in of the report of a referee appointed to take account of the community property and the separate property of the plaintiff.

August 29, 1893, the referee reported that there was. no community property, but that the plaintiff, George E. White, had separate property consisting mainly of land situated in this state, of the value of $206,000 over and above his liabilities, estimated at $138,000. June 29, 1894, this report was confirmed. On June 18,1894, an order was entered in said action appointing a receiver therein. The receiver first appointed failed to qualify, but on June 27, 1894, Wilson T. Smith—a subsequent appointee—assumed the office and entered upon the discharge of his duties. He has since…