Achey v. Creech

Citations

• 21 Wash. 319
• 58 P. 208
• 1899 Wash. LEXIS 284

Syllabus

<p>ACTIONS — ELECTION OE REMEDIES.</p> <p>When a party has a choice of remedies by mandamus or suit for damages, the adoption of one bars the right to invoke the other.</p> <p>SAME-SPLITTING CAUSE OF ACTION.</p> <p>A party having the right to plead and recover damages in mandamus proceedings, under Laws 1895, p. 118, § 26, cannot, after having prosecuted to final judgment an action for mandamus against a sheriff to recover possession of exempt property levied on by him, institute a second action to recover damages for the unlawful detention of the same property.</p>