Murray v. Meade

Citations

• 5 Wash. 693
• 32 P. 780
• 1893 Wash. LEXIS 48

Syllabus

<p>NON-SUIT - ~UBROGATION - PAYMENT OF JUDGMENT BY SURETY - ATTORNEYS - AUTHORITY TO DIRECT SHERIFF.</p> <p>Where there is a variance between the proof and tile complaint in an aotion, the proof having been received without objection, the court shonid, npon a motion for a non-suit, consider the complaint amended to correspond with the facts proven.</p> <p>Where, after the levy of execution npon the property of a judgment debtor sufficient to satisfy the judgment against him, the judgment and costs are paid by a surety of the jndgment debtor, who takes an assignment of all rights of the plaintiff under such judgment and execution, the surety does not stand in the position of a volunteer, but is snbrogated to the plaintiff's rights.</p> <p>Where, after levy of execution, the sheriff is informed that the judgment has been assigned, and is directed in writing by the execution plaintiff and his assignee to proceed with the execution for the benefit of the assignee, the sheriff is liable in damages for releasing the property upon the subsequent direction of the attorney of the execution plaintiff.</p>