Stuparich Manufacturing Co. v. Superior Court

Application for a writ of prohibition. In an action pending in the superior court for San Francisco between Paul J. Stuparich as plaintiff and Joseph Gassman as defendant, for the dissolution of a partnership, the court appointed a receiver to take into his possession all the property belonging to said partnership. The defendant in the action, claiming that certain personal property belonged to the partnership, procured an order of the court directing the receiver to take possession of the same, whereupon the petitioner herein presented to the court a petition setting forth that it was the owner of said property and in possession of the same, and prayed the court for a stay of proceedings upon its order directing the receiver to take it into his possession. The court denied this petition, and directed the receiver to take possession of said property. Thereupon the petitioner made this application for a writ of prohibition restraining the superior court and its receiver from seizing any of the property so claimed by it. In answer to this petition the respondents allege that the property in question belongs to the partnership, and that the petitioner *292 has no claim or right…