State ex rel. Baruch v. Moore

Washington Supreme Court December 4, 1899

State ex rel. Baruch v. Moore, 21 Wash. 628 (Wash. 1899)

59 P. 487; 1899 Wash. LEXIS 337

Opinion of the Court

Per Curiam.

We are unable to distinguish this case from the case of State ex rel. Hartman v. Superior Court of Thurston County, decided October 3, 1899 (ante, p. 469). It mates no difference in principle that the party *629seeking the writ of assistance in this ease was a receiver. A receiver cannot litigate the independent rights, of individuals under other or different provisions of the law from those invoked by any other citizen.

The writ will issue as prayed for.

Reference

Full Case Name: The State of Washington on the Relation of Irvine Baruch v. William Hickman Moore, Judge of the Superior Court of King County
Status: Published
Syllabus: WRIT OF ASSISTANCE — RIGHTS OF RECEIVER. The fact that a party applying for a writ of assistance does so> in his capacity as a receiver would not entitle him to the writ, if any other citizen, under the same circumstances, could not legally obtain it.