Opinion

Allen v. Gardner

  • 142 Cal. App. 2d 467
  • 298 P.2d 585
  • 1956 Cal. App. LEXIS 2005
Court
California Court of Appeal
Filed
Jun 22, 1956
Status
Published
Author
Bray
On the bench
Bray
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

BRAY, J.

This appeal by intervener, appellant in propria persona, is from an order of the superior court “Memorandum Decision Order of Court Amending Original Order Appointing Receiver” dated February 3, 1955, and signed March 2, 1955, modifying a previous order instructing the receiver appointed to take possession of the property of cross-defendants to satisfy a judgment (see Allen v. Gardner, 126 Cal.App.2d 335 [ 272 P.2d 99 ]) in favor of cross-complainant and claims of other creditors of cross-defendants.

The grounds of the appeal are that the modifying order improperly established priorities as between the judgment creditor (claimed by appellant to be a creditor only of the individual partners and not of the partnership) and creditors of the partnership.

*468 At the oral argument, the parties stipulated that said modifying order does not establish priorities of any kind and that the question of priorities is still to be determined by the superior court, including the question of whether or not said judgment is on an equality with, ahead of, or behind, the claims of any other creditors. Pursuant to said stipulation, said order is hereby interpreted as above expressed.

The order is affirmed. In the interests of justice, under rule 26(a), Rules on Appeal, each party shall bear its own costs.

Peters, P. J., and Wood (Fred B.), J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.