Sligh v. Shelton Southwestern Railroad

Citations

• 20 Wash. 16
• 54 P. 763
• 1898 Wash. LEXIS 460

Syllabus

<p>APPEAL — NOTrCE— BOND—BRIEFS — OBJECTIONS NOT RAISED BELOW— CREDITOR’S BILL AGAINST RECEIVER—LEAVE TO SUE — PLEADINGS.</p> <p>A second notice of appeal may be given and the appeal perfected thereunder, without a formal order of dismissal of an appeal attempted under a prior notice.</p> <p>Objection to an appeal bond, because the justification of the sureties is technically defective, cannot be raised for the first time in the appellate court.</p> <p>Reference in a brief to the pages of the transcript, as required by the court rules, is not necessary, when the case was disposed of upon a motion to strike portions of the complaint and upon a demurrer to the complaint, and the brief contains the substance of both.</p> <p>Fraud in the valuation of property transferred to a corporation in consideration of an issuance of corporate bonds cannot be taken advantage of by a creditor, when the transaction took place prior to the time that his cause of action arose.</p> <p>An action in the nature of a creditor’s bill against a corporation in the hands of a receiver states a cause of action when it alleges that the corporation, although not insolvent, was put in the hands of a receiver in an action which was not brought in good faith, but for the purpose of hindering, delaying and defrauding unsecured creditors, including the plaintiff.</p> <p>In such an action, an allegation that a mortgage given by the corporation covering its real and personal property was invalid as to the personalty, because not containing the affidavit of good faith required by the statute relating to chattel mortgages, states a cause of action.</p> <p>Where it appears by the allegations of a creditor’s bill that a receiver of a corporation was appointed for the purpose of hindering creditors, it is not necessary that relief should be sought in the receivership action, but the institution of an action in the same court, after leave of court obtained to sue, is sufficient, under the circumstances.</p> <p