Augir v. Foresman

Citations

• 23 Wash. 595
• 63 P. 201
• 1900 Wash. LEXIS 394

Syllabus

<p>ATTACHMENT-ACTION ON NOTE BEFORE DUE-DISSOLUTION OF WRIT —EFFECT.</p> <p>Where an action has been commenced upon a promissory note before maturity and the property of the maker attached, under Code Proc., § 290, which provides that an action may be commenced and the property of the' debtor may be attached previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute indebtedness and when the debtor is about to dispose of his property with intent to defraud his creditors, a dissolution of such attachment causes an abatement of the action, and plaintiff is not entitled to judgment therein, even though his note matures before hearing upon the motion to dissolve the attachment.</p> <p>SAME-APPEALABLE ORDER.</p> <p>An order dissolving a writ of attachment is reviewable on appeal, when it is in effect a dismissal of the action, and amounts to a final judgment.</p>