Clifford v. Pateros Transfer Co.

Citations

• 71 Wash. 665
• 129 P. 369
• 1913 Wash. LEXIS 1385

Syllabus

<p>Process — Service by Publication — Judgment in Rem — Execution — Property Subject — Justice of the Peace — Judgment. Rem. & Bal. Code, § 1766, providing that in case personal service cannot he had in a justice court action, by reason of the absence of the defendant from the county in -which the action is commenced, service may he had by publication of the summons, authorizes only a judgment in rem against the property attached, even if the defendant was a resident of the state; and where the attached property is not sufficient to satisfy the judgment, no other execution can issue against other property of the defendant as in the case of personal judgments.</p> <p>Execution — Property Subject — -Attachment—General Execution for Deficiency. Rem. & Bal. Code, § 668, providing that if the proceeds of attached property are insufficient to satisfy the judgment, the sheriff shall proceed to collect the balance as upon an execution in other cases, applies only where a personal judgment has been rendered which can he satisfied by general execution.</p> <p>Attachment — Nature — Process — Proceeding in Rem. An attachment is an ancillary proceeding only in cases where jurisdiction of the person is acquired in the main action; and in eases of service by publication the jurisdiction extends only to the property attached.</p>