Thompson v. Sines

Citations

• 18 Wash. 359
• 51 P. 474
• 1897 Wash. LEXIS 171

Syllabus

<p>APPEAL — SUFFICIENCY OF NOTICE — PRESUMPTIONS— WAIVER — ASSIGNMENT FOR BENEFIT OF CREDITORS — RIGHTS OF ASSIGNEE AS AGAINST PRIOR MORTGAGEES—COSTS.'</p> <p>Where the journal entry of the clerk of the court recites that appellant “ gives notice of appeal in open court from the final judgment this day made in the above entitled cause,” it raises the presumption that notice was given at the time the judgment was rendered.</p> <p>A notice of appeal designating what orders are appealed from designates with sufficient clearness the grounds of appeal, within the requirements of Laws 1893, p. 121, § 4 (Bal. Code, § 6503).</p> <p>Where an apellant has duly perfected and is engaged in prosecuting his appeal, the fact that a distribution of funds ordered by the judgment appealed from has been made and the portion allotted appellant has been received by him, does not amount to a waiver of his appeal.</p> <p>A notice of appeal reciting that appellant “ gives notice of appeal from the final judgment this day made in the above entitled cause, and also gives notice that he will appeal from the order entered February 24, 1897,” etc., is sufficient as a notice of appeal from the order of February 24th, though not in apt language, as Laws 1893, p. 120, § 1, subd. 7 (Bal. Code, § 6500), provides that an appeal from any final judgment shall also bring up for review any order made in the same action either before or after judgment in case the record sent up on the appeal shall show such order sufficiently for the purposes of a review.</p> <p>Where an assignment of all a debtor’s property has been made for the benefit of creditors, the assigned property passes as a trust fund into the assignee’s hands as an officer of court, and a mortgagee of a portion of such property under a mortgage giving a right of possession and power of sale in case of default is not entitled to withdraw same from the hands of the assignee for purposes of foreclosure.</p> <p>The reasonable expenses incident to