Ervay v. Hill

Citations

• 46 Wash. 457
• 90 P. 590
• 1907 Wash. LEXIS 640

Syllabus

<p>Executions — v-Sale—Notice—Objections—Return. Objection to an execution sale, on the ground that notice of the sale was not given as required by statute, cannot be made where the sheriff’s return shows substantial compliance with the statute.</p> <p>Exemptions — Liability of Agents — Statutes. An action to recover money paid to a spiritualistic medium, secured by fraud and false representations as to communications received from plaintiff’s deceased husband directing the plaintiff to pay the money to the defendant, is not an action to recover on a liability incurred by an attorney or agent for money of his client or principal coming into his hands, within Laws 1901, p. 323, providing that no property shall be exempt from execution on such a liability.</p> <p>Same — Homesteads—Statutes—Implied Repeal. Laws 1901, p. 323, amending Bal. Code, § 5284a, and providing that “no property” shall be exempt from liability incurred by an attorney or agent on account of money of his client or principal coming into his hands, has no application to homestead exemptions, as Bal. Code, § 5248a, refers only to personal property exemptions, and the repeal of a specified section does not repeal by implication other sections embracing other subject-matter.</p>