Kelleher v. Wells

Citations

• 87 Wash. 323
• 151 P. 823
• 1915 Wash. LEXIS 918

Syllabus

<p>Judgment—Lien—Duration—Executions — Limitations. Under Rem. & Bal. Code, §§ 459, 460, limiting the life of a judgment to six years after which it ceases to be a lien and cannot he enforced, the lien continues for the period of six years, within which time execution may issue.</p> <p>Same—-Duration—Limitations-—-Execution—Time for Issuance. Inasmuch as it is the date of the contract constituting the cause of action on which a judgment is rendered, rather than the date of the judgment, that controls the duration of the judgment, under the law of 1897, Rem. & Bal. Code, §§ 459, 460, limiting all remedies thereon to six years, a judgment rendered upon a judgment rendered upon a contract entered into prior to the passage of the law of 1897, is governed by the law as it existed prior to the passage of that act, which provided that it remain in force for the purpose of execution and sale only for the period of five years, unless revived.</p> <p>Same—Duration—Revival—Issuance of Execution. The common law rule that the issuance of an execution upon a judgment operates as a revival of the judgment does not obtain in this state, in view of the statutes relating to the life of and revival of judgments and the limitations respecting the issuance of executions.</p>