Tompson v. Huron Lumber Co.

Citations

• 5 Wash. 527
• 32 P. 536
• 1893 Wash. LEXIS 18

Syllabus

<p>APPEAL — SETTLEMENT Off STATEMENT — NOTICE — CERTIFICATE — APPEALABLE ORDER—COMPENSATION Off RECEIVER—HOW REGULATED.</p> <p>Notice given on May 20th for the settlement of a statement of facts on May 31st is a full ten days’ notice, as, under statutory provision, the first day is excluded and the last day included in computing the time; and the fact that a legal holiday intervenes within the period of notice will not extend the time.</p> <p>It is not necessary to serve a receiver appointed in an action with notice of an application to settle a statement of facts.</p> <p>The certificate that the statement in a cause of equitable cognizance contains all the material facts, is sufficient without alleging that it contains the exceptions taken to the reception or rejection of testimony, when it does not appear that any material matter has been omitted from the statement.</p> <p>An order made with reference to the compensation of a receiver, although a proceeding in a pending action, is a distinct proceeding in itself, and, in so far as the amount allowed is involved, is a final order from which an appeal will lie. (Hoyt, J., dissents.)</p> <p>Although the matter of allowing compensation to receivers rests largely in the discretion of the court making the appointment, yet such orders are generally held to be appealable.</p> <p>In arriving at the compensation to be paid a receiver, the responsibilities assumed, and the skill and labor expended, should be taken into consideration, and the remuneration fixed upon the prices usually paid for similar services, in view of the facts of each case, as no positive rule can be laid down to govern the matter; and the rule as to compensation of administrators should only govern in analogous cases.</p>