Weavering v. Schneider

Decided December 4, 1919

California Court of Appeal · decided 1919-12-04

<p>HI Appeal—Order Appointing Deceiver—Stipulation of Parties Settling Differences—Dismissal of Appeal.—An appeal from an order appointing a receiver will be dismissed 'Where, upon the calling of the case in the appellate court, there is presented a certified copy of a stipulation of the parties filed in the superior court from an examination of which it appears 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.</p>

Relies on Nelson v. Nelson

Appeal dismissed · Decided 1919-12-04

WOOD, J.,

¶1pro tem.—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 *588of 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.

¶2It was held in Nelson v. Nelson, 153 Cal. 204, [94 Pac. 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.

¶3The appeal is dismissed.

¶4Kerrigan, J., and Waste, P. J., concurred.