Murne v. Schwabacher Bros. & Co.
Washington Territory
ERROR to Third District. Terms at Seattle. Schwabacher Brothers brought an action ag’ainst James E. Murne, in the District Court holding terms at Port Townsend,, on a money demand, and obtained judgment against him by default before the Judge of the district, at his chambers at Seattle,, in February, 1876. Execution was issued on the judgment December 29,1881. The judgment remaining unsatisfied, affidavit was made under the statute relating to supplemental proceedings, and…
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ERROR to Third District. Terms at Seattle. Schwabacher Brothers brought an action ag’ainst James E. Murne, in the District Court holding terms at Port Townsend,, on a money demand, and obtained judgment against him by default before the Judge of the district, at his chambers at Seattle,, in February, 1876. Execution was issued on the judgment December 29,1881. The judgment remaining unsatisfied, affidavit was made under the statute relating to supplemental proceedings, and Murne was arrested, and brought before the Judge to- ’ answer respecting his property; and after an examination of…
1Opinion of the Court
Opinion by
G-reene, Chief Justice.
This -was a supplementary proceeding based upon affidavit, under Chapter XXXV. of the Code. Plaintiffs in execution had the defend mt Murne arrested, agreeably to Section 381, and brought before the Judge. Witnesses were thereupon examined, and a trial had without a jury. As a result, there was a finding that defendant had certain property in his hands, which he was unju.-tly refusing to apply toward the satisfaction of the judgment. Upon this finding, the Judge ordered defendant to make such application, and in default thereof to be committed as for a…
2Cases cited1 opinion
- Ex parte GraceSupreme Court of Iowa · 1861
3Cited by4 opinions
- Anderson v. SoderbergWashington Supreme Court · 1924
- Hamburger Apparel Co. v. WernerWashington Supreme Court · 1943
- Schnebly v. RehmkeWashington Supreme Court · 1914
- Washington Trust Co. v. BlalockWashington Supreme Court · 1930