Benjamin v. Ernst

Citations

• 83 Wash. 59
• 145 P. 79
• 1914 Wash. LEXIS 1593

Syllabus

<p>Appeal — Notice—Oral Notice. An oral notice of appeal at tbe time of the rendition of tbe judgment is sufficient, under Rem. & Bal. Code, § 1719.</p> <p>Pleading — Complaint—Demurrer—Waiver. Under Rem. & Bal. Code, § 263, providing that tbe objection that tbe complaint does not state a cause of action may be taken any time, either in tbe superior or supreme court, pleading over after a demurrer is sustained does not waive tbe objection.</p> <p>Appeal — Record — Statement of Pacts. Where an appeal is based upon tbe insufficiency of tbe complaint, no statement of facts is necessary.</p> <p>Garnishment — Defenses — Assignment of Debt — Default of Garnishee — Judgment—Conclusiveness—Laches—Quieting Title— Adverse Claims. One indebted under a judgment which bad been assigned before entry, who, upon being garnisheed by a third party in a suit against tbe judgment creditor, allowed a judgment to go against him by default as garnishee, cannot, after tbe lapse of two years,, bring an action to determine to whom be must pay tbe judgment, under Rem. & Bal. Code, § 199, providing for an action to determine adverse claims by bringing all parties before tbe court in case more than one is interested in or claims to be tbe owner of tbe subject-matter of tbe suit; since, if he bad notice of tbe assignment of tbe original judgment, be was bound to appear and defend tbe garnishment; and if tbe garnishment judgment was obtained by fraud and without notice to him of tbe assignment or opportunity to defend, bis only remedy was to proceed within one year to set aside tbe judgment of garnishment, under Id., §§ 464, 467; since, by bis own neglect, be allowed two judgments to go against him.</p> <p>Judgment — By Default — Collusiveness-—Collateral Attack. Where a garnishee bad suffered a default, and claimed be bad no notice of tbe defense that bis debt had been assigned, bis action to bring all parties before tbe court to determine to whom be should pay tbe judgment, under Rem. & Bal. Co