Boston National Bank v. Hammond

Citations

• 21 Wash. 158
• 57 P. 365

Syllabus

<p>VACATION. OF .JUDGMENT-TIME.</p> <p>There is no limitation as to time upon an action to set aside a judgment which is absolutely void for want of jurisdiction in the court to make it. - '</p> <p>COURTS — JURISDICTION IN INSOLVENCY — DISCHARGE OF DEBTOR.</p> <p>Where the superior court has acquired jurisdiction in insolvency proceedings through the act of the insolvent in making an assignment for the benefit of creditors and by the operation of the law thereon, and by the giving of the statutory notices to the creditors of the insolvent, its jurisdiction to discharge the insolvent from his debts and liabilities is not lost because the assignee has been finally discharged, and 50 per cent, of the insolvent’s indebtedness over and above all expenses of the assignment were not realized from the insolvent estate.</p> <p>SAME-EFFECT OF ERRONEOUS DECISION.</p> <p>Jurisdiction of a court which has jurisdiction of both the subject-matter and of all the parties is not lost nor affected by the character of the decision the court may make upon' any proposition .before it.</p> <p>ESTOPPED — BY PREVIOUS INCONSISTENT ACTS.</p> <p>A creditor who has appeared in insolvency proceedings and ' has accepted a dividend under the assignment cannot be heard to impeach the discharge of the insolvents from their debts and liabilities.</p>