Flood v. Libby

Citations

• 38 Wash. 366
• 80 P. 533
• 1905 Wash. LEXIS 1178

Syllabus

<p>Executions—Supplemental Proceedings — Aeeidavit—Sueeiciency—Judicial Notice oe Record. As a proceeding supplemental to execution is merely auxiliary to tbe original action, in which the court takes judicial notice of the entire record, an affidavit for a citation is not demurrable for want of sufficient facts in that it failed to show the date of the judgment or execution, or that the judgment is unpaid, where it appears from the record that the judgment was entered fifteen days prior to the filing of the affidavit and that execution had issued and been returned unsatisfied.</p> <p>Executions—Garnishment oe Municipal Corporations—Salary oe Teachers. School warrants issued for the salary of teachers cannot he reached by proceedings supplemental to execution, since their seizure would in effect involve a garnishment of a municipal corporation, which cannot be done.</p> <p>Appeal and Error—Record—Affidavits. An affidavit filed after the appeal is taken, and not made part of the record by statement of facts, cannot be considered as evidence on appeal, and will be struck out on motion.</p> <p>Exemptions—Life Insurance Policies—Antecedent Debt— Judgment On Note Dated After Law Went Into Effect. Bal. Code, 15252, exempts life insurance policies from seizure for debts thereafter created, and hence applies to a policy where the judgment was upon a note dated September 10, 1896, and there was no evidence in the record showing that the same was given for an antecedent debt in existence at the time the law went into effect (1895).</p> <p>Same—Endowment Policies. Bal. Code, § 5252, exempting the proceeds of all life insurance policies from all liability on any debt, applies to investment or endowment life insurance having a present surrender cash value.</p> <p>Same—Federal Decision as to Bankruptcy Act—Enforcing Debt Under State Law. A decision of the federal court that the national bankruptcy act expressly subjects life insurance policies to the payment of debts, notwithstan