Canfield-Caulkins Implement Co. v. Cowden
Washington Supreme Court
Appeal from a judgment of the superior court for What-com county, Hardin, J., entered December 13, 1911, dismissing an action for a writ of mandamus, upon sustaining a demurrer to the application.
1Opinion of the CourtParker, J.
The plaintiff having recovered a judgment in a justice court against one Jensen, commenced this proceeding in the superior court praying for a writ of mandate to compel the defendant, a constable, to levy upon certain personal property alleged to belong to Jensen, the judgment debtor, under an execution issued by the justice upon the judgment, the defendant having refused to levy upon the property without the plaintiff first furnishing to him an indemnifying bond. The defendant demurred to the affidavit for the writ upon the ground that sufficient facts to constitute a cause of action are not…
2Cases cited3 opinions
- Scott v. McGrawWashington Supreme Court · 1892
- Robey v. State, Use of MalleryCourt of Appeals of Maryland · 1901
- Duhamel v. Port Angeles Stone Co.Washington Supreme Court · 1910