San Jose Safe Deposit Bank of Savings v. Bank of Madera

Appeals by defendants from a judgment and a subsequent order appointing a receiver. The main facts in the-case are stated in the opinion rendered on the plaintiff’s appeal from the order' granting a new trial. The judgment included a provision that plaintiff recover from, the defendant Bank of Madera the sum of seventeen hundred and forty-five dollars, rents of the land in dispute, collected by said defendant from June 29, 1895, the date of the deeds made to it by Charles and Mary Dworack, to November 7, 1896, the date of the court’s decision in the case. On February 15, 1897, the Bank of Madera and certain other defendants appealed from the judgment, and gave a bond in double the amount of the pecuniary recovery to stay execution thereof pending the appeal. June 1,. 1897, the court made an order granting a new trial on the motion of said defendants, and the plaintiff appealed therefrom on July 2d following. August 10, 1897, on the application of plaintiff the court appointed a receiver “to take and keep possession of the real property described in the judgment .... and to receive and collect the rents, issues, and profits thereof, from data of said judgment until the further…