Herron v. Superior Court

California Court of Appeal Oct 26, 1928 No. Docket No. 6505.Published

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Holding. The court denied a petition for a writ of prohibition, ruling that the question of whether a petitioner held property under a claim of right must be determined by the trial court during contempt proceedings.

Issues

Whether a writ of prohibition should issue to restrain contempt proceedings based on alleged interference with a receiver.
Whether a claim of right to property is a question of fact to be determined by the trial court in contempt proceedings.

Disposition. Denied

Quotations verified verbatim against the opinion

“This is a question of fact which must be tried by the respondent court in the contempt proceedings.”

“The petition is denied.”

THE COURT.

[1] This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner's alleged interference with a receiver appointed by order of the Superior Court.

The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must be tried by the respondent court in the contempt proceedings. (Goodrich v. SuperiorCourt, 92 Cal.App. 695 [268 P. 669].)

The petition is denied.

Herron v. Superior Court

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THE COURT.

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