Grant v. Cole

Citations

• 23 Wash. 542
• 63 P. 263
• 1900 Wash. LEXIS 386

Syllabus

<p>INJUNCTION — WHEN LIES — RESTRAINING WRONGFUL LEVY.</p> <p>Injunction will lie to restrain proceedings under an execution improvidently issued, or wrongfully levied, when that affords a more complete and speedy remedy than that afforded by an action at law.</p> <p>JUDGMENT OF JUSTICE OF PEACE-TRANSCRIPT IN SUPERIOR COURT-EXECUTION.</p> <p>An execution against personal property may be issued out of the superior court, upon a judgment rendered before a justice of the peace, when certified to, and filed with, the clerk of the superior court, since, under the provisions of Bal. Code, § 5136, it is declared that “upon such filing said judgment shall become to all intents and purposes a judgment of said superior court,” and § 5192, Id., declares that execution may issue on any judgment given or entered in any court of record.</p> <p>SAME — CONSTITUTIONAL LAW — TITLE OF ACT.</p> <p>A provision in an act on the subject of filing transcripts in the superior court of judgments rendered in the courts of justices of the peace, is not without the title of an act “Relating to liens of judgments on real estate,” when the act refers to the official code and legislates upon the same subject matter therein contained in relation to judgments in courts of record.</p>