Washington Trust Co. v. Local & Long Distance Telephone Co.

Citations

• 73 Wash. 627
• 132 P. 398
• 1913 Wash. LEXIS 1650

Syllabus

<p>Receivers — Actions—Leave to Sue — Necessity. Failure to obtain leave to sue a receiver is a mere irregularity and not a jurisdictional defect, and is cured by leave to maintain the action, granted subsequent to the service of the summons upon the receiver.</p> <p>Same — Actions — Against Receiver — Leave to Bring Independent Action — Abuse op Discretion. Where a deed of trust antedates a receivership of the grantor, and its lien is superior to that of general creditors, the court may grant leave to foreclose the deed by an independent suit, and such action will not be reviewed except for abuse of discretion.</p> <p>Appeal — Review—Exceptions, In the absence of exceptions to the findings, the sufficiency of the evidence to justify the findings cannot be reviewed.</p> <p>Appeal — Record—Affidavits. The failure of the record on appeal to show exceptions to the findings cannot be supplied by affidavits and ex parte statements of counsel.</p>