Oberleitner v. Moore

Citations

• 112 Wash. 592
• 192 P. 904
• 1920 Wash. LEXIS 753

Syllabus

<p>Judgment (227)—Bar—Matters Concluded—Garnishment Proceedings. A judgment in garnishment proceedings which found that defendant was the holder of certain shares of capital stock of the garnishee, but failed to determine whether or not the garnishee was indebted to the defendant, and granted the garnishee further time to ascertain the state of its accounts with the defendant, is not res judicata upon the question of the indebtedness of the defendant to the garnishee.</p> <p>Garnishment (32)—Liability of Garnishee—Assignment of Claims Pending Garnishment. An assignment by the garnishee for a past consideration, after service of the writ and insolvency of the defendant, will not relieve him from liability to the plaintiff.</p> <p>Appeal (263, 316)—Record—Statement of Facts—All the Evidence—Certificate as to all the Facts. Error cannot be assigned upon findings of fact where it appears from the record that all the facts ■ properly considered by the court were not brought up in the statement of facts, notwithstanding the court certified the statement to contain all the material facts.</p> <p>Garnishment (54)—Proceedings—Costs. Where plaintiff is successful in garnishment proceedings below, he is entitled to costs in that court.</p>