United States Fidelity & Guaranty Co. v. Hollenshead

Citations

• 51 Wash. 326
• 98 P. 749
• 1909 Wash. LEXIS 1186

Syllabus

<p>Exemptions — Waiver—Time for Claiming — Garnishment. A claim of a personal property exemption from moneys garnished to satisfy a judgment must be made within a reasonable time, in the absence of statutory limitation, and is waived where the debtor had notice of the issuance of the execution and garnishment and made no answer to the garnishment, nor any claim to the exemption until after trial in the garnishment proceedings and announcement of the judgment against the garnishee; since Bal. Code, § 5410, makes it the duty of the defendant to controvert the answer of the garnishee by setting up his every claim or demand, and a full disclosure is the burden upon him who claims as exempt, property levied upon or attached.</p> <p>Dunbar, J., dissents.</p>