Metals v. Hibbard

The respondent has moved to dismiss the appeal on the ground that an order refusing to dismiss a receiver and to appoint a new receiver is not appealable.

Our Rule on Appeal 14(5) specifically provides for an appeal “From any order appointing or removing, or refusing to appoint or remove, a receiver.”

As pointed out in State ex rel. Tilton v. Superior Court (1893), 7 Wash. 74, 34 Pac. 431, this would seem to include the order here appealed from. Actually, as we concluded in the Tilton case, it does not. The rule has to do with orders beginning or terminating a receivership, or orders refusing…