Symons v. Hutchinson

Citations

• 119 Wash. 430
• 205 P. 1057
• 1922 Wash. LEXIS 814

Syllabus

<p>Judgment (200) — Res Judicata — Parties Concluded — Privity. A proceeding by a judgment creditor in aid of execution wherein it was determined that certain property of the judgment debtor was subject to the execution and should be sold by the sheriff, is res judicata and a bar to a subsequent suit by the judgment debtor to enjoin the sheriff from making the sale; and objection that the parties are different is unavailing, since the sheriff is in privity with the judgment creditor, and res judicata applies to those in privity with the parties.</p> <p>Same (222) — Matters Concluded — Actually Litigated. In a proceeding in aid of execution, although the question that the judgment was dormant was not raised by a formal pleading, a judgment, unappealed from, is res judicata of the question where it was raised orally, considered and actually decided.</p>