Klepsch v. Donald

Citations

• 18 Wash. 150
• 51 P. 352
• 1897 Wash. LEXIS 126

Syllabus

<p>SUPPLEMENTARY PROCEEDINGS — WHEN AUTHORIZED — ORDER FOR DELIVERY OF PERSONAL PROPERTY.</p> <p>The return of an execution unsatisfied is sufficient to authorize a resort to proceedings supplementary to execution.</p> <p>Where the judgment creditor’s affidavit alleges that an execution upon a judgment against defendant has been returned nulla lona, and that defendant has personal property which he refuses to apply in satisfaction of the judgment but that he secretes same and withholds it from execution, the affidavit states facts sufficient to authorize the court to require defendant to appear for examination concerning the allegations of the affidavit.</p> <p>Where it appears from an examination of defendant in proceedings supplementary to execution that he has personal property which he has withheld from execution, the court is warranted in ordering him to turn over such property to the sheriff for sale. -</p>