Tacoma National Bank v. Sprague

Citations

• 33 Wash. 285
• 74 P. 393
• 1903 Wash. LEXIS 519

Syllabus

<p>Judgment—Revival—Pbematuke Order—Quashing Execution. Under 2 Hill’s Code, § 462, providing that a judgment may be revived upon motion at the end of five years, an order of revival before the five years have elapsed is void and execution issued thereon should be quashed.</p> <p>Same—Lien—Duration—Statutes—Repeal. Laws 1877, p. 66, § 326, providing that parties may continue the lien of a judgment before the expiration of the five-year period, was repealed by the code of 1881, which left out such provision in reenacting the law relating to the revival of judgments, since by § 3319 all prior laws relating to the same subject were expressly repealed.</p> <p>Same—Pkematube Revival—Action on Judqment. A premature proceeding tó revive a judgment by motion cannot be sustained upon the ground that one may have a judgment upon a judgment before the expiration of five years, since that must be done by an independent suit.</p>