STANDARD PIPE SUPPLY COMPANY v. SUPERIOR COURT (1935)

District Court of Appeal, Second District, Division 1, California.

STANDARD PIPE & SUPPLY COMPANY (a Nevada Corporation), Petitioner, v. SUPERIOR COURT of the State of California, in and for the County of Los Angeles, Respondent.

Civ. 10489.

Decided: November 01, 1935

Raphael Dechter, of Los Angeles, for petitioner. Everett W. Mattoon, Co. Counsel, D. De Coster, Chief Deputy Co. Counsel, and Victor P. Showers, all of Los Angeles, for respondent.

Petitioner in this matter is in exactly the same situation as the petitioner in Oil Well Supply Co. v. Superior Court (Cal. App.) 51 P.(2d) 908, this day decided. As a creditor of Wigle & McBride and a beneficiary under the declaration of trust there referred to, its rights to the trust property are also about to be determined by the superior court by an order to be made upon the report and account of the trustee.

For the reasons stated in the opinion filed in the other proceeding, it is ordered that the respondent superior court be, and it is hereby, prohibited from making or entering any judgment, order, or decree in the Matter of Trusteeship of Wigle & McBride, Inc., a corporation, No. 298-436 in said court.

Let a peremptory writ of prohibition issue accordingly.

EDMONDS, Justice pro tem.

We concur: YORK, Acting P. J.; DORAN, J.

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