Barnard v. Coates

These issues are raised on appeal:(1) Should the appeal be dismissed with respect to plaintiff receiver ?(2) Has respondent Dawson waived the right to object to the timeliness of the appeal ?(3) Does either the mistake in legal description in the order for sale and in the notices of sale, or the $2,500 increase in bid made by appellant Fowler, or both, warrant this court in granting relief to appellants ?

Dismissal of Appeal as to Receiver.

On March 6 and 8, 1965, plaintiff receiver served a notice of motion to dismiss the appeal as to him. This motion was grounded on his affidavit which…