Oswald

The following statement of facts from the appellants’ opening brief is accepted by the appellee as correct, and in the main conforms to the evidence:

“On Se7)tember 9, 1933, one Marion Newman was, on an ex parte motion, appointed receiver for a corporation known as Southern California Kennel Club, Ine. The order appointing the receiver authorized him to take possession of all the property of said corporation. On the night of September 9, 1933, the receiver Newman, with a United States Marshal and an attorney, went to the dog-racing track called the Southern California Kennel Club where dogs were being raced. The Marshal went for the purpose of serving a copy of the order appointing the receiver on an officer of said corporation. After arriving at the dog track, one of the employees at the track let Newman, his attorney and the Marshal in a room where approximately $8,-500.00 in cash was lying on tables. The Marshal served George H. Oswald, president of the corporation, Southern California Kennel Club, Ine., with a copy of tjie order appointing Newman receiver. The defendants were informed Newman was receiver of said corporation, at which time Newman, as receiver of said…