Seattle Brewing & Malting Co. v. Donofrio

Citations

• 59 Wash. 98
• 109 P. 335
• 1910 Wash. LEXIS 1139

Syllabus

<p>Fraudulent Conveyances — Actions — Judgments —Lien. An. action by judgment creditors to set aside a fraudulent conveyance cannot be maintained after the judgment has become dormant and the lien has expired.</p> <p>Judgment — Lien—Duration—Statutes—Implied Repeal. Section 1 of' the act of 1893, Rem. & Bal. Code, § 445, providing that the lien of a judgment shall continue for five years from the date of rendition, and Rem. & Bal. Code, § 458, providing that in case of' appeal to the supreme court the date of the final judgment in the supreme court shall he the time from which said five years shall commence to run, are impliedly repealed by the act of 1897, Rem.. & Bal. Code, §§ 459-461, providing that after the expiration of six years from the rendition of any judgment, it shall cease to be a lien and shall not be extended or continued in force for a period longer than six years from the date of the entry of the “original” judgment; the original judgment being that of the trial court in case of an appeal to the supreme court.</p> <p>Judgment — Lien—Duration—Statutes—Validity The act of' 1897, Rem. & Bal. Code, §§ 459, 460, 461, limiting the lien of the judgment to six years from its date, and providing that no action can be had upon a judgment after the judgment lien has expired,, is constitutional as to limiting the time for the commencement and duration of the lien of judgments upon contracts subsequently arising.</p>