Grant
Grant v. Los Angeles & Pacific Railway
Opinion
Lead Opinion
Fleet, J.
The record embraces appeals from two orders of the superior court—the first an order fixing the compensation of one Silver as receiver in the action, and the other an order denying an application of the appellant, Grant, to vacate a former order sub *72 stituting him as plaintiff in the action in place of the California Bank, the original party plaintiff.
Respondents object that the orders are not appealable, and that both appeals should be dismissed, and ask that such disposition be made.
As to the order of substitution, this objection is well taken. The statute gives no appeal from such an order, and it is subject to review only on appeal from a final judgment. (Code Civ. Proc., secs. 939, 956, 963; Wells v. Allen, 54 Cal. 211 .)
As to the order fixing the receiver’s compensation, while not nominally one from which the statute authorizes a direct appeal, and while it sufficiently appears that it is not a special order made after final judgment, it is nevertheless an adjudication from which an appeal will lie. The order not only fixes the compensation of the receiver, but taxes such compensation as costs in the action, as against all the parties, and directs and authorizes the…