State ex rel. Washington Match Co. v. Superior Court

Citations

• 34 Wash. 123
• 74 P. 1070
• 1904 Wash. LEXIS 321

Syllabus

<p>Appeal — Bond—Application to Fix Amount op Supersedeas. The fact that an appeal from an order appointing a receiver had not been perfected is not ground for the trial judge to refuse to fix the amount of the supersedeas bond on appeal, when the time for taking an appeal had not yet expired, since Bal. Code § 6506 contemplates that an appeal may be perfected by the giving of one bond as an appeal and supersedeas bond in the sum fixed by the court.</p> <p>Appeal and Error — Receivers—Appointment—Stay oe Receivership upon Appeal. Where a temporary receiver is appointed ex parte until a hearing can be had, and continuances are taken, until finally an order is entered in form making the temporary appointment permanent, such order is appealable as a temporary appointment regardless of its form, entitling appellant to give a bond staying the receivership; since the ex parte appointment had no force after the day of hearing, and a continuance or failure to appoint at that time had the effect to discharge the receiver, making the subsequent order a temporary appointment that could be appealed from and stayed.</p>