Scarpa v. Scarpa

[346]

KERRIGAN, J.

This is an. appeal from an order settling the final account of a receiver. The proceeding springs from an action for divorce instituted by the plaintiff, Caroline L. Scarpa, against the defendant, Joseph Scarpa, in which the trial court on November 1, 1916, granted the plaintiff an interlocutory decree of divorce upon the ground of adultery, and in that decree the court directed that the homestead of the parties, together with certain belongings found to be the separate property of the plaintiff, be assigned absolutely to her, and that the community property of the parties be assigned three-fourths to the plaintiff and one-fourth to the defendant. In the decree William P. Wright was appointed receiver to take charge and make the sale of the property. He qualified and entered upon the discharge of his duties, and on October 17, 1917, he filed his report and account. Exceptions were filed thereto, and after notice and hearing the account was settled on November 5,1917. The appeal is from this decree of settlement.

[1]

Defendant objects to the action of the receiver in selling two cows, claiming that they were neither community property nor separate property of either spouse, but belonged to a stranger to the action. There is evidence in the record which sustains the finding of the court implied from its approval of the sale that these animals were legitimately the subject of the receiver’s action. On the other hand, if the defendant’s contention as to their ownership be correct, it is apparent that he is not injured by the action of the receiver to which he objects.

[2]

Defendant also takes exception to the amount of the fee allowed to the receiver’s attorney. The court, of course, had authority to make an order for the payment in question and we find nothing in the record that tends to 'show an abuse of the court’s discretion in this respect.

[3]

It appears that several of the items of the account here objected to had been the subject of a separate hearing in the course of the action, but, however that may be, the appellant as to these items has failed to bring up the evidence concerning them, which prevents this court from reviewing the action of the trial court thereon.