50 Wash. 100 | Wash. | 1908
On the 1st day of November, 1907, the plaintiff in this action recovered judgment against the State Board of Dental Examiners for the sum of $1,424.66 and costs of suit. An execution issued on the judgment was returned unsatisfied, and the plaintiff thereupon made affidavit that the defendant had funds in its possession and under its control which it refused to apply in satisfaction of the judgment, and prayed that the defendant be examined in supplementary proceedings. On such examination the court found that the defendant had money in its possession and under its control which should be applied on the plaintiff’s judgment, and appointed a receiver to take charge of, receive and collect all funds in the possession or under the control of the defendant and apply the same toward the satisfaction of the plaintiff’s demand.
From the order appointing the receiver, this appeal is prosecuted, and the appellant makes the following conten
The contention that the remedy of respondent is by writ of mandamus is based on Bal. Code, §§ 5676 and 5755 (P. C. §§ 1358, 1407). The former section provides the manner of enforcing judgments against counties, incorporated towns, school districts, and other public corporations of like character in this state. The mode prescribed is to present a certified transcript of the docket of the judgment to the officer of the county or other public corporation who is authorized to draw orders on the treasurer thereof. This section only applies to such public corporations as pay claims and demands against them by orders or warrants drawn on the treasurer. Under Bal. Code, § 3031, the State Dental Board handles its funds and satisfies claims and demands against it the same as any individual, copartnership or private corporation. It does not pay by orders or warrants, and is not a public corporation of like character as those above specified. Section 5755 is the general statute relating to writs of mandamus. Perhaps a writ of mandamus would lie here, as the scope of the common law writ has been greatly extended in this state, but if we concede that the respondent had a remedy by mandamus, that remedy is concurrent and not exclusive.
The remaining question is, was' the court without jurisdiction to appoint a receiver. We can discover no objection to the receivership on jurisdictional grounds. The funds in the hands of the dental board are not public funds in any sense of the word. They are not covered into the state treasury, nor docs the board receive any funds from the state. The funds received and collected by it are used by the members to pay their per diem and defray the traveling and other expenses incurred by them, and are under the exclusive con
In our opinion the respondent’s judgment is valid, and the court acted within its jurisdiction in the appointment of the receiver, and these being the only questions presented by the appeal, the judgment is affirmed.
Hadley, C. J., Dunbar, Fullerton, Crow, Root, and Mount, JJ., concur.