Eaid v. Connolly

Citations

• 48 Wash. 584
• 94 P. 188
• 1908 Wash. LEXIS 923

Syllabus

<p>Execution — Wrongful Sale — Conspiracy to Defraud — Evidence —Sufficiency. Tile fact that, at an execution sale, the purchaser did not pay the sheriff until four days thereafter, or that the execution debtor claims that he was not served with process in the action (although liable for the indebtedness and having notice of the action brought against him and others as partners), does not constitute proof of fraud in the sale or support an action for wrongful execution or conspiracy to defraud.</p> <p>Justice of the Peace — Right to Office — New Trial — Questions Considered. The right of a justice of the peace who rendered a judgment to hold his office cannot he questioned byu a motion for a new trial, and an attempted accompanying quo warranto proceeding, in an action for damages and wrongful execution of the justice’s judgment.</p>