Nevin v. Pacific Coast & Norway Packing Co.

Citations

• 105 Wash. 192
• 177 P. 739

Syllabus

<p>Parties (43, 44)—Method of Bringing in New Parties—Citation. In receivership proceedings, upon petition for an accounting and to discharge the receiver, parties other than the receiver cannot be cited to show cause on ten days’ notice why they should not be brought in as parties defendants, as such substitute for summons would ignore the statute, Rem. Code, § 229.</p> <p>Receivers (75, 8ft)-—-Actions—Remedies Against Receiver in Receivership. Upon charges of fraud and collusion in the appointment of a receiver, challenging the validity of the receivership and all the orders made therein, involving others not parties, it is discretionary with the trial court to refuse to entertain a petition in the receivership and to relegate the petitioner to an independent action.</p> <p>Parties (37)-—New Parties—Time for Intervention. A petition charging fraud and collusion in a receivership and seeking to bring in new parties is too late as a petition for intervention, when it was not filed until three years after appointment of the receiver and final judgment on plaintiff’s claim.</p>