Bennett v. Thorne

Citations

• 36 Wash. 253
• 68 L.R.A. 113
• 78 P. 936
• 1904 Wash. LEXIS 549

Syllabus

<p>Appeal — Jurisdiction—Amount in Controversy — Action in Equity — Proceeding to Assess Stockholders in Insolvent Bank. A proceeding to assess stockholders of an insolvent bank upon their superadded liability to creditors, instituted by the petition of the receiver, filed in the receivership action, is an equitable proceeding, and an appeal lies to the supreme court from the order levying the assessment irrespective of the amount in controversy, Bince it is only in civil actions at law for the recovery of money that the appellate jurisdiction is limited by the amount.</p> <p>Appeal — Parties Entitled to Appeal — Assessment op Bank Stockholders. Stockholders of an insolvent corporation are parties entitled to appeal from an order levying an assessment upon their liability to creditors, entered upon a petition filed in the receivership action, where they were, by order of court, served with notice of the hearing, and appeared and contested the matter as stockholders, although they were not nominal parties to the action, and were not named in the petition for the assessment, and the question as to who held the stock was not determined; since the special proceeding affected the rights of stockholders and concluded all who were before the court at the hearing.</p> <p>Appeal and Error — Appealable Orders — Special Proceeding to Levy Assessment Against Stockholders. Where the right to levy an assessment against stockholders of an insolvent bank, and the amount of such assessment, is determined by the court upon a petition filed in the receivership action, after notice to the stockholders and a hearing, at which the stockholders appeared and demurred to the petition and evidence was introduced in support of the allegations, the order fixing the amount and levying the assessment, is appealable as a final order or judgment in a special proceeding in which the receiver for the creditors on the one hand, and the stockholders on the other hand, are the adverse parties and final