Simon Piano Co. v. Fairfield

Citations

• 103 Wash. 206
• 174 P. 457
• 1918 Wash. LEXIS 1072

Syllabus

<p>Nuisance — Abatement—Action — Parties — Title Under Conditional Sales Contract. The “red light” or abatement law, being penal in its nature, will not be construed to authorize the seizure and sale of personal property held under a conditional sales contract, in the absence of a showing that the owner was charged with knowledge of the use of its property and given an opportunity to be heard in defense of the use to which it was put; since Rem. Code, §§ 3670, 3671, relating to conditional sales are not impliedly repealed by that act.</p> <p>Judgment — Persons Bound — Persons Not Bound — Involuntary Appearance — Estoppel. An appearance in response to a rule to show cause why a person should not be found guilty of contempt in taking possession of property seized under the abatement statute, and a return of the property, such party not having been served and having no notice of the restraining order, is not a voluntary submission to the decree in abatement, and does not estop the party from setting up want of jurisdiction.</p> <p>Contempt — Jurisdiction — Judgment — Collateral Attack. In contempt proceedings for interfering with property seized under the abatement statute, while lack of jurisdiction to enter the order of abatement may be raised collaterally, it will not be tried out as an abstract question; and the court having jurisdiction of the subject-matter, the order must be absolutely void to work a purging of the contempt; since mere irregular or improvident exercise of jurisdiction cannot avail one who laid claims to property in a collateral proceeding.</p> <p>Nuisance — Abatement—Seizure of Property — Parties — Notice. Where the vendor of property in a conditional sales contract was not made a party to abatement proceedings under the “red light” law, or given any notice of the proceedings, he is not bound by the decree and may recover the property, as if it were property sold coram non judice.</p> <p>Execution- — Wrongful Seizure of Property — Rights of Thir