30 Wash. 643 | Wash. | 1903
The opinion of the court was delivered by
The appellant was found guilty of contempt, and appeals from the judgment and sentence pronounced upon him. The record discloses that on April 14, 1902, in an action brought by M. Blanton against the Tontine Savings Association, a corporation, J. A. Paine, was duly appointed permanent receiver of the property and effects of the corporation, and duly authorized to take possession of all of its property. The order appointing him
“And all other persons having, if anything, in his or their or its possession, and under his or her or its control, any books, papers, personal property, accounts, money, or assets of any and every kind, name, nature, or description whatsoever, be, and they are hereby, ordered and directed forthwith to immediately turn the same over to the said receiver above named, upon demand.”
Thereafter, on April 22, 1902, the receiver made and filed with the court an affidavit in which he averred, in substance, that he had heard that the appellant, who resided in the city of Tacoma, had in his possession money and property belonging to the corporation of which he was receiver; that he called upon the appellant, and exhibited to him the order of court showing his appointment and qualification as receiver, and demanded of him such property ; that the appellant requested that the receiver go with him to see his attorney, whom he wished to consult regarding the matter; that they did go to the attorney’s office, where the appellant stated to him that he had in his possession, belonging to the Tontine Savings Association, certain books of account, stubs, contracts, and other papers, together with a sum of money amounting’to between $7,000 and $8,000, a part of which he was in doubt as to whom it properly belonged, — whether to the persons who paid the money over to him, or to the corporation, — and that he wished time to segregate it, and would then turn over to him such as he found belonged to the corporation; that a few days later he received a telephone message from the attorney, saying that he and the appellant had been very busy, and unable to make out the account in full, but would report and deliver the money and property on Tuesday, the 22d of April, 1902; that on the 22d of April the
Passing by the questions raised as to the regularity of the proceedings had at the hearing of the cause, we are unable to find elsewhere in the record anything which justifies the judgment appealed from. It must be borne in mind that the appellant was not a party to the action in which the receiver was appointed, and that the general order above quoted was not directed to him specially. He could not be guilty of a disobedience of that order, therefore, unless he willfully withheld, property, after demand and notice, which confessedly belonged to the corporation. Por property in his hands which he in good faith believed belonged to others, and to whom he would be responsible if it did in fact belong to them, he cannot be punished for contempt for retaining, even though it afterwards turned out that he was wrong in his belief. In other words, con-tempts punishable by fine and imprisonment partake of the nature of crimes, and a wilful intent to commit the con
It appears that two journal entries of the final judgment were filed and entered in the court below, under different titles, and that appeals have been prosecuted from both of them, which appear in this court as separate causes. There was, however, but one final judgment; the second entry being made to correct some inadvertence appearing in the first, but without ordering its cancellation. To clear the record, it is ordered that the judgment appealed from be reversed on each appeal, and that the cause be remanded,
Reavis, O. J.j and Mount, Anders and Dunbar, JJ.; concur.