Sheppard v. Guisler

Citations

• 10 Wash. 41
• 38 P. 759
• 1894 Wash. LEXIS 157

Syllabus

<p>APPEAL — ORDER MADE AFTER JUDGMENT — PRACTICE — ATTACHMENT — DISSOLUTION — ENTRY OF JUDGMENT.</p> <p>An order purporting to dissolve an attachment after the rendition of judgment in the action in which it was issued, and which is in effeet a direction by the court to the sheriff to disregard the rights of the attaching creditor in making a levy under the execution issued upon the judgment, is an appealable order under Laws 1S93, p. 119.</p> <p>Where, prior to the rendition of final judgment in a cause in which an attachment had been issued, a motion to dissolve the attachment has been made, and, after a full hearing upon affidavits, denied, it is error for the trial court to entertain another motion to dissolve the attachment</p> <p>The fact that an order is irregular or void for want of jurisdiction on the part of the court to make it will not prevent its reversal on appeal.</p> <p>A motion to dissolve an attachment should not be decided upon facts which have been made to appear in another action, without making them a part of the record in the attachment action.</p> <p>Semble : In entering judgment in a cause wherein property has been attached pending the litigation the correct practice is to have the lien by vi.tue of the attachment expressly preserved in the judgment, and the property levied upon made subject to the execution to be issued thereon by express direction.</p>