Noerdlinger v. Huff

Citations

• 31 Wash. 360
• 72 P. 73
• 1903 Wash. LEXIS 636

Syllabus

<p>JUDGMENT — COLLATERAL ATTACK-PRESUMPTIONS - JURISDICTION OP PERSONS.</p> <p>As against collateral attack, it will be presumed, in support of a judgment obtained upon service made by a spe'cial constable, that the officer was properly appointed and had authority to act.</p> <p>SAME-JUDGMENT OF JUSTICE-ATTACK IN SUPERIOR COURT.</p> <p>Under Bal. Code, § 5136, when the judgment of a justice of the peace is certified to the office of the clerk of the superior court, it becomes, in effect, a judgment of the superior court, and subject to direct attack therein.</p> <p>SAME — RESTRAINING EXECUTION SALE — EVIDENCE.</p> <p>In an action brought in one court to restrain an execution sale based upon the judgment of another court, evidence dehors the record is inadmissible for the purpose of impeaching the authority for the issuance of the execution.</p> <p>SAME-JURISDICTION OP SUBJECT MATTER.</p> <p>The superior court has jurisdiction of' an action whose subject matter is the restraining of an alleged illegal execution sale of property which lies within the territorial jurisdiction of the court.</p> <p>APPEAL — PRESUMPTIONS IN AID OF JUDGMENT.</p> <p>Judgment of dismissal of an action at the time of the dissolution of a temporary restraining order therein was not error when the motion to dissolve contained recitals which were equivalent to a demurrer for want of facts, and the order dissolving the injunction was tantamount in effect to an order sustaining a general demurrer to the complaint.</p> <p>SAME.</p> <p>It will be presumed on appeal, in aid of a judgment rendered on sustaining a demurrer to a complaint, that the plaintiff stood on his complaint, where his exception to the order of the court was not followed by request for leave to amend.</p>