National Bank of Commerce v. L. Kilsheimer & Co.

Citations

• 59 Wash. 460
• 110 P. 15
• 1910 Wash. LEXIS 1224

Syllabus

<p>Appeal — Parties Entitled to Appeal — Mistakes. A party cannot appeal from a final order confirming a receiver’s sale, on account of a mistake made in entering it, without first calling the trial court’s attention to the mistake.</p> <p>Judgments — Vacation—Grounds—Mistake. Rem. & Bal. Code, § 464, subd. 3, authorizing the vacation of judgments or orders for “mistakes, neglect, or omission of the clerk, or irregularity” etc., is not restricted to mistakes of the clerk, but refers to any mistake; and under this section and § 303, Id., authorizing the court in the furtherance of justice to correct a mistake in any pleading or proceeding, it is the duty of the court to correct a mistake made by counsel in entering an order confirming a receiver’s sale, so that the same will conform to the order and notice of sale.</p> <p>Receivers — Sales—Confirmation—Correction of Mistake. Where an order for a receiver’s sale provided that the purchaser should receive credit proportionately to the total value of the goods originally listed which had been disposed of between the filing of the inventory and the sale, an order of confirmation giving him credit for the total value at list prices of all goods now in the store (except those purchased by the receiver since the inventory), is clearly a mistake and it is the duty of the trial court to correct the same so that he will receive credit only for those not now in the store.</p> <p>Same — Parties—Assignee of Purchaser. Upon motion to correct an order of confirmation of a receiver’s sale, a person recited in the order of confirmation to be the assignee of the purchasers stands in the place of the purchasers.</p>