American Paper Co. v. Sullivan

Citations

• 34 Wash. 391
• 75 P. 991
• 1904 Wash. LEXIS 363

Syllabus

<p>Exemptions — Printing Peess and Tools — Failure to Demand Appraisement — Release of Execution. Where, upon the levy of an execution upon a printing press and printing outfit, duly claimed by the head of a family, a job printer, as exempt as his tools and instruments of trade, the plaintiff does not demand an appraisement, it is the duty of the officer to release the levy.</p> <p>Same — Release of Execution — Mandamus—Remedy in Original Action — Submission to Jurisdiction. Where an officer refuses to release exempt property levied on under execution, and the defendant applies to the court in the original action for an order of release by the filing of an affidavit sufficient in all particulars for a mandamus, an appearance by the plaintiff asking a dismissal, or in the alternative for a continuance of the hearing, which was granted, submits the matter to the jurisdiction of the court in the original action and after contesting the matter at the hearing as in the case of mandamus proceedings the plaintiff can not claim that the only remedy was by mandamus.</p>