Tacoma Grocery Co. v. Draham

Citations

• 8 Wash. 263
• 36 P. 31
• 1894 Wash. LEXIS 48

Syllabus

<p>ATTACHMENT — UNVERIFIED AFFIDAVIT — APPEAL—OBJECTION NOT RAISED BELOW — EXECUTION SALE — PRESUMPTION OF REGULARITY.</p> <p>Where, as the foundation for attachment proceedings, a paper was filed in the form of an affidavit, signed by the attorney of plaintiff, but there was nothing upon its face nor in the record to show that it was ever sworn to, the court could not obtain jurisdiction of the subject matter, and judgment of sale rendered in such proceedings would be an absolute nullity, which could be attacked without a direct proceeding for that purpose.</p> <p>Where a case has been referred to a referee to take proofs and report same to the court, the refusal of the referee to grant a request for an adjournment, which was not objected to at the time, nor upon the trial before the court subsequently upon the report of the referee, cannot be raised as ground of error for the first time on appeal.</p> <p>In an action to quiet title to land purchased upon execution sale, proof of the sale made by the sheriff under a valid judgment and execution, and the confirmation thereof by the court, will establish a prima faoie presumption that the sale was regularly made.</p>