Gehres v. Orlowski

Citations

• 36 Wash. 156
• 78 P. 792
• 1904 Wash. LEXIS 535

Syllabus

<p>Attachment — Dissolution. The dissolution of an attachment is within the discretion of the court.</p> <p>Pleadings — Action on Note — Tolling Statute or Limitations — Payments-—Pbesumed to be Made by Obligobs. A complaint in an action upon a promissory note is not demurrable because it does not affirmatively allege that the payments, relied upon to toll the statute of limitations were made or authorized by the obligors on the note, since the spirit of the code requires that to be presumed from the allegation specifying payments, and the fact that the payments were made by a stranger can be raised by answer.</p>