Bingham v. Keylor

Citations

• 19 Wash. 555
• 53 P. 729
• 1898 Wash. LEXIS 424

Syllabus

<p>ATTACHMENT — WHEN LIES — EQUITABLE ACTIONS — CONVERSION OF PARTNERSHIP PROPERTY — REPEAL OF STATUTE.</p> <p>An attachment may issue in an equitable action, when the object is to recover a specified amount of money, under Bal. Code, § 5350, providing that the plaintiff at the time of commencing an action, or at any time afterward before judgment, may have the property of the defendant attached. (Reavis, J., dissents.)</p> <p>The act of 1854 as amended by Laws 1867, p. 97, making the conversion of partnership funds grand larceny, having been repealed by implication by Laws 1873, p. 251, which omitted such ofíense and declared that only crimes prescribed therein should be punished, an attachment will not issue on account of the conversion of partnership property, as the statutory provision awarding the writ on the ground of injuries arrising from the commission of some felony is inapplicable.</p> <p>The action of a partner in collecting debts due the firm and refusing or neglecting to charge himself therewith does not fall within the provisions of Bal. Code, § 5351, subd. 8, authorizing attachment, where “the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought.’’</p>