Libert v. Unfried

Citations

• 47 Wash. 182
• 91 P. 774
• 1907 Wash. LEXIS 735

Syllabus

<p>Chattel Mortgages—Receivers. Under Bal. Code, § 5455, any person appointed by the court to take charge of mortgaged chattels during the pendency of foreclosure proceedings is a receiver.</p> <p>Appeal—Appealable Orders—Vacation oe Void Appointment oe Receiver. An ex parte appointment of a receiver, without any notice of hearing or bond, is void and could only be temporarily valid until notice could be given; and an order vacating the appointment is not an appealable order, as the ex parte appointment could not be restored or continued by the appeal.</p> <p>Same—Effect and Construction of Order. An order vacating, upon defendant’s motion, a void ex parte appointment of a receiver, is not an appealable order in that it in. effect denies plaintiff’s motion for a receiver, submitted at the same time, where (1) plaintiff’s motion only requested the confirmation of the ex parte order theretofore made, and (2) was not noted for hearing as required, and (3) the record shows that only the defendant’s motion was considered and passed upon.</p>