Hewitt v. Root

Citations

• 31 Wash. 312
• 71 P. 1021
• 1903 Wash. LEXIS 627

Syllabus

<p>APPEALABLE ORDER — OVERRULING MOTION TO QUASH EXECUTION.</p> <p>An order overruling a motion to quash a writ of execution is appealable, under the provisions of Bal. Code, § 6500, which allow appeal from any final order made after judgment which affects a substantial right.</p> <p>APPEAL-TIME FOR TAKING.</p> <p>Under the statutory rule for the eonsputation of time, an appeal taken on the fifteenth day after the entry of an order appealed from was in time, where there was a fifteen day limitation on the right of appeal in such cases.</p> <p>SAME — DISMISSAL-CESSATION OF CONTROVERSY.</p> <p>An appeal from an order refusing to quash a writ of execution will not be dismissed on the ground of a cessation of the controversy because of the fact that the court afterward sustained objections to the confirmation of the sale under such execution, where the order refusing to confirm was a general one, not specifying any of the several grounds upon which it was rested, and where there was nothing to raise a presumption that the objections were sustained on a ground that would bar a resale under the writ.</p> <p>JUDGMENTS — EXPIRATION OF LIEN.</p> <p>A judgment becomes dormant under the statutes of this state, at the end of five years from the date of its rendition, and will not, until it is revived, support an execution.</p>