Legal Opinion

Gutter v. Joiner

Washington Supreme Court

Decided December 6, 1909No. 8396PublishedCited by 4 opinions

Appeal from a judgment of the superior court for King county, Tallman, J., entered May 11, 1909, dismissing an action in tort, upon sustaining a demurrer to the complaint.

1Opinion of the CourtMount, J.

The appellant brought this action to recover alleged damages upon an attachment bond. The lower court sustained a demurrer to the complaint and dismissed the action. Plaintiff appeals.

It appears from the complaint that the respondent Joiner brought an action for alleged debt against the appellant. In that action a writ of attachment was issued, upon the ground that the defendant was a nonresident. After service of the writ, the defendant appeared in that action and, without moving against the attachment, gave a redelivery bond and regained possession of the attached property. A judgment was…

2Cases cited3 opinions

  1. Brady v. OnffroyWashington Supreme Court · 1905
  2. Pixley v. ReedSupreme Court of Minnesota · 1879
  3. Bick v. LangIndiana Court of Appeals · 1896

3Cited by4 opinions

  1. State v. FulwiderSouth Dakota Supreme Court · 1912
  2. St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
  3. Brown v. PEOPLES NAT. BK. OF WASH.Washington Supreme Court · 1951
  4. Adams v. ThibaultWashington Supreme Court · 1956

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