Legal Opinion

Mundy v. Kern

Washington Supreme Court

Decided July 28, 1913No. 11068PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Kittitas county, Kauffman, J., entered March 16, 1912, dismissing an action for equitable relief, upon sustaining a demurrer to the complaint.

1Opinion of the CourtMain, J.

— The purpose of this action is' to obtain an injunction restraining the levying of an execution, and to have declared void a judgment upon which the execution issued.

On February 26, 1912, the appellant filed in the superior court his amended complaint, the material parts of which are, in substance, as follows: That in the month of December, 1911, the respondent F. A. Kern commenced an action before a justice of the peace in Ellensburg precinct, Kittitas county, Washington; that appellant appeared therein and filed his answer on December 19, 1911; that the cause was tried on the same day, and…

2Cases cited4 opinions

  1. Fish v. . EmersonNew York Court of Appeals · 1871
  2. Hickey v. HinsdaleMichigan Supreme Court · 1860
  3. Packet Co. v. BellvilleWest Virginia Supreme Court · 1904
  4. Tomlinson v. LitzeSupreme Court of Iowa · 1891

3Cited by1 opinion

  1. MacKelprang v. WalkerUtah Supreme Court · 1929

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API