166 A. 385 | Conn. | 1933
This is an appeal by creditors from an order made in receivership proceedings against the defendant bank that certain sums be paid to two appraisers and to certain persons who assisted them in making the appraisal of the assets of the bank. The trial court had before it the appraisal and it states in its finding that it examined the receiver at some length in regard to the matter; in the absence of any transcript of the proceedings we cannot make any correction in or addition to the finding; and there is no basis upon the record for the appellants' claim that the order was passed without any evidence before the court justifying the allowances made. It is true the appellants claim, and the receiver seems to concede in his brief, that he was not formally sworn as a witness; but this fact appellants' counsel must have known and if they wished to raise any objection based upon it they should have called it to the attention of the trial court at the time, when any defect of this nature could have *731
been remedied; not having done so they waived any such defect. Cady v. Norton, 31 Mass. (14 Pick.) 236;People ex rel. Niebuhr v. McAdoo,
There is no error.