Cole v. Washington Motion Picture Corp.

Citations

• 112 Wash. 548
• 192 P. 972
• 1920 Wash. LEXIS 778

Syllabus

<p>Appeal (165)—Notice—Parties—Service—Upon Whom to Be Made. Upon the disallowance of a claim of preference over other creditors of an insolvent corporation, creditors who appeared at the hearing and are adversely affected, are necessary parties to an appeal from the order of disallowance, necessitating the dismissal of the appeal where notice of appeal was served only upon the receiver.</p> <p>Same (218)—Parties Entitled to Notice—Service on Receiver— Sufficiency. Under Rem. Code, § 740, defining a. receiver, he is but an arm of the court, and he represents creditors of the insolvent estate only to the same degree that the court represents them, and service upon him of notice of appeal by one creditor is not service upon other creditors who appeared and were adversely affected by the appeal.</p> <p>Appeal (165, 218)—Necessary Parties—Notice. Where various creditors appeared and filed claims in the matter of the receivership of an insolvent corporation, an appeal cannot be taken from the order on the claims by serving notice on the receiver alone, since the purpose of the statute requiring all persons appearing to be served is to prevent separate appeals.</p>