Foley v. Kelleher

Citations

• 92 Wash. 314
• 158 P. 982
• 1916 Wash. LEXIS 1141

Syllabus

<p>Judgment — Revival—Constitutional Law — Impairment of Obligation of Contract — Statutes. Laws of 1897, p. 52, Rem. & Bal. Code, §§459, 460, limiting the life of a judgment to six years and prohibiting its revival for a longer period, is void as impairing the obligation of the contract as respects a judgment based upon a contract antedating the passage of the act; hence such a judgment may be revived upon notice and motion under the old law as the law of the contract.</p> <p>Abatement and Revival — Another Action Pending — Identity of Issues. The pendency of an action by a judgment debtor to enjoin the enforcement of a judgment by execution cannot be pleaded in abatement of a motion by the judgment creditor to revive the judgment against the judgment debtor; since no such relief could be awarded in the injunction suit.</p>