Blake

Blake v. District Court of United States for Southern District of California

Good Law
59 F.2d 78·1932 U.S. App. LEXIS 3316
United States Court of Appeals for the Ninth CircuitMay 23, 1932No. 6806California535 words

Opinion

Lead Opinion

Wilbur, J.

•Petitioner, who claims to' be the owner of %ooo of all oil and gas produced from certain real' estate upon which wells had been drilled by George Wolfe or the Chanel Oil Company, Limited, seeks a writ of certiorari upon the ground that the District Court of the United States for the Southern District of California, Central Division, exceeded its jurisdiction in granting a receivership prayed for by the Oil Well Supply Company, plaintiff, in a bill in equity against George Wolfe and Chanel Oil Company, Limited, and consented to by the defendants. The petition is predicated upon the theory that the, so-eallcd “percent-holders” were not given notice of the application for a receiver, and were not made parties to the action, and that therefore an order of the court authorizing the receiver to take possession of their property is beyond the jurisdiction of the court. The petition is for an original writ not in aid of an appeal. Assuming, without deciding, that this court has jurisdiction to entertain such a petition under the amendment to- section 262 of the Judicial Code March 3, 1911, 36 Stat. 1162 (28 USCA § 377), there is no occasion to exercise our discretion in favor of the…

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