Otis Bros. & Co. v. Nash

Citations

• 26 Wash. 39
• 66 P. 111
• 1901 Wash. LEXIS 603

Syllabus

<p>APPEALABLE OBDEB — QUASHING EXECUTION SALE.</p> <p>An order setting aside an execution levy and sale is an order made after judgment affecting a substantial right, and is therefore appealable under Bal. Code, § 6500, subd. 7.</p> <p>SAME — LIMITATION ON BIGHT OP APPEAL-WHEN BEGINS TO BUN.</p> <p>Under Bal. Code, § 6502, which provides that an appeal from any order, other than a final order, must be taken “within fifteen days after the service of a copy of such order, with written notice of the entry thereof, upon the party appealing,” the fifteen day limitation does not begin to run until compliance with the statutory requirement of service of such written notice, irrespective of the fact of the appellant’s having actual knowledge otherwise of the entry of the order.</p> <p>EXECUTION SALE- — PETITION TO SET ASIDE-IRREGULARITIES CURED BY CONFIRMATION.</p> <p>Where an execution sale has been confirmed without objection, the courts cannot take jurisdiction of a petition to quash and set aside the execution levy and sale, although attended by such irregularities as confusion between the dates of the sale notices and the date of sale, the sale of the land as an entirety without being offered in parcels, and its sale for a larger amount than was actually due.</p>