Carpenter v. Barry

Citations

• 26 Wash. 255
• 66 P. 393
• 1901 Wash. LEXIS 637

Syllabus

<p>APPEAL-REVIEW-INSUFFICIENCY OF RECORD.</p> <p>In the absence of a statement of facts or bill of exceptions showing the circumstances under which a judgment was rendered, the supreme court will not review the action of the trial court in entering judgment in excess of the verdict of a jury.</p> <p>SHERIFFS-SALE ON EXECUTION-INDEMNIFYING BONDS.</p> <p>Bal. Code, § 516, which permits the sheriff to exact an indemnity bond as a condition precedent to the execution by'him of civil process is not superseded by Bal. Code, §§ 5262-5266, which authorize the sheriff to proceed with the sale of property levied upon unless a claimant thereto shall make affidavit of ownership and give bond to make good his title, since the latter sections are not intended to prescribe the sheriff’s duties, but merely to give the claimant of property levied upon an additional remedy for its recovery.</p>