Lohman v. Claussen
Lohman v. Claussen
Opinion of the Court
This is an appeal from a judgment rendered against appellant in favor of respondent for the sum of $500 as compensation for his services ' as receiver in this action. The suit was commenced by Mary Lohman to foreclose a chattel mortgage given to her by the defendant West Side Lumber Company, upon its sawmill plant and fixtures, to secure the sum of $1,200.
On November 8th, 1907, soon after the commencement of the suit, the respondent was appointed receiver to take charge of the property pending the foreclosure, at the instance of the plaintiff, and- thereupon took possession of the plant and fixtures. Certain other defendants, who had been
Appellant assigns as error, and contends that the trial court exmed (1) in allowing the receiver $500, because such
We are unable to review the trial court’s action in fixing the amount of the receiver’s compensation, since there is no statement of facts or bill of exceptions in the record showing the evidence before the court as to the amount of the receiver’s services. This was one of the issues of fact raised by the receiver’s petition and appellant’s answer thereto. It does appear that the receivership covered a period of some seven months. We must presume, in the absence of the evidence, that the trial court did not abuse its discretion in determining the amount of the receiver’s compensation.
The other two assignments of error involve the question of whether or not a court has the power under any circumstances to render a judgment against a party to the suit in favor of the receiver for his compensation. That there may be circumstances warranting the charging of the compensation of a receiver, in whole or in part, against a party to the action, instead of against the fund or property in his possession, has been recognized by this court. Lammon v. Giles, 3 Wash. Ter. 117, 13 Pac. 417; Brundage v. Home Sav. & L. Ass’n, 11 Wash. 288, 39 Pac. 669.
While we have no statement of facts before us showing all the facts and circumstances which induced the trial court to render judgment against the plaintiff for the receiver’s compensation, it can be readily seen from the record that such facts may have existed and been proven as to fully warrant the court’s action. The receiver was appointed and took charge of the whole plant, including the machinery and fixtures not subject to the mortgage. This was done at the instance of the plaintiff and over the objections of the defendants, who were adjudged to be the owners of a large portion of the machinery and fixtures, after several months of litiga
We are of the opinion that the court had jurisdiction to render judgment against the plaintiff, as administrator, for the receiver’s compensation; and in so doing, the record discloses no error or abuse of discretion. The judgment is therefore affirmed.
Rudkin, C. J., Dunbar, Crow, and Mount, JJ., concur.
Reference
- Full Case Name
- Henry Lohman, as Administrator etc. v. Henry Claussen, Receiver etc.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Appeal — Review—Statement op Pacts — Necessity. The allowance for receiver’s fees cannot be reviewed on appeal in the absence of a statement of facts or bill of exceptions containing the evidence upon which the court based the allowance, it being presumed that the court did not abuse its discretion. Receivers — Compensation—Liability op Party Por. The court has jurisdiction, in a proper case, to charge against the plaintiff the compensation of a receiver appointed at plaintiff’s instance to take charge of property, especially where most of the property was adjudged to belong to defendants claiming the same in litigation waged by the plaintiff pending the receivership.