Weavering v. Schneider
Frederick Weavering v. Fred Schneider
- Proceeding
- appeal from an order
- Trial court
- Superior Court of the City and County of San Francisco appointing a receiver
- Trial judge
- George H. Cabaniss
- Outcome
- dismissed — Appeal dismissed.
- Area
- civil
- Panel
- Wood (author), <italic>pro tem.</italic> —
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This is an appeal from an order appointing a receiver.[1] Upon the calling of the case in this court there was presented a certified copy of a stipulation *Page 588 of the parties filed in the superior court. It appears from an examination of this stipulation that the appellant and respondent have agreed to an immediate sale by the receiver of all the property in his hands, and for a disposal of the proceeds of the sale and of all other property belonging to the copartnership existing between the parties to the action. It follows that there is now no actual controversy between the parties.
It was held in Nelson v. Nelson, 153 Cal. 204, [94 P. 880], that where an appeal no longer involves the determination of adversary rights, the questions presented would not be considered, even for the purpose of deciding who should pay costs on appeal.
The appeal is dismissed.
Kerrigan, J., and Waste, P. J., concurred.
Cites, in this corpus
- Nelson v. Nelson S.F. No. 4083. · 1908-03-11