Ewing v. Van Wagenen

Citations

• 6 Wash. 39
• 32 P. 1009
• 1893 Wash. LEXIS 222

Syllabus

<p>INSOLVENCY — EFFECT OF REPEAL PENDING PROCEEDINGS — COMMUNITY PROPERTY — FRAUDULENT CONVEYANCE — PLEADING — APPEAL.</p> <p>Where proceedings in insolvency were begun under the provisions of the Code of 1881, and a receiver appointed to take charge of the insolvent estate for the benefit of creditors, the repeal of the Code provisions by the act of March 6, 1890, while the proceedings were pending, will not affect the title of an assignee appointed in such insolvency proceedings subsequent to the repeal.</p> <p>The fraudulent conveyance by a husband to his wife of community property is not a transfer by one joint debtor to another.</p> <p>A plaintiff is not called upon to reply to an affirmative defense while his demurrer to a special defense remains undetermined.</p> <p>A statement of facts is not required on appeal in an eqiiity cause where the whole case has been determined upon the pleadings.</p> <p>Where bond for stay of proceedings has been given it covers the costs on appeal, and no further bond for such costs is necessary.</p>