5 Wash. 242 | Wash. | 1892
Appellant seeks by this appeal to reverse an oi’der of the lower court denying his application to be allowed to bring an action against a receiver for the purpose of foreclosing certain mortgages held by him upon property owned by the corporation defendant in the action in which said receiver had been appointed. Respondent moves this court to dismiss the appeal on the ground that such order is not a final order within the meaning of our statute relating to appeals. We think that such application was a special proceeding within the meaning of such statute, and that as the order made therein finally disposed of the rights of the parties in such proceeding, it was a final one, and that an appeal therefrom will lie to this court. The motion to dismiss must, therefore, be denied.
It appears from the record before us that a complaint had been duly filed against the defendant corporation alleging its insolvency, and asking the appointment of a receiver, and that all persons having liens upon any of the property of such corporation should be brought into court, to the end that the rights of all might be therein adjudicated. And such proceedings had been had in the action that a receiver had been duly appointed to take possession of the property of the corporation, and that those holding liens thereon had been, pursuant to an order of the court, notified to appear in said action, and there wage their claims for relief. Among those brought in by this notice was the appellant herein. After having been thus brought into the original action he filed in said court the petition upon which the order was made from which this appeal is prosecuted. Under the circumstances disclosed by the record, will this court reverse the order denying the application for leave to sue? It will be seen that a court of equity had regularly secured jurisdiction in a suit against this corpo
We have not lost sight of the argument presented on the part of the appellant in which he has sought to show that
And upon the question of the effect of the deed from the corporation to the receiver, it seems to us clear that it can
The order appealed from must be affirmed.