Legal Opinion

Foley v. Kelleher

Washington Supreme Court

Decided July 28, 1916No. 13304Published

Appeal from an order of the superior court for Skagit county, Alston, J., entered August 9, 1915, reviving a judgment, upon sustaining a demurrer to defendant’s answer tb the motion for revival.

1Opinion of the CourtEllis, J.

This is a proceeding to revive the judgment involved in the case of Kelleher v. Wells, 87 Wash. 323, 151 Pac. 823. That was an injunction suit to restrain the enforcement of a judgment rendered on May 17, 1909, in a common law action on a judgment originally rendered in *3151896 upon a contract. On appeal we held that the act of 1897, p. 52, Rem. & Bal. Code, §§ 459, 460, limiting the life of a judgment to six years and prohibiting its revival for a longer period from the date of its original entry, though continuing the lien of the judgment for six years, has no application to the judgment…

2Cases cited2 opinions

  1. Fischer v. KittingerWashington Supreme Court · 1905
  2. Kelleher v. WellsWashington Supreme Court · 1915

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