Zelinsky v. Price

Citations

• 8 Wash. 256
• 36 P. 28
• 1894 Wash. LEXIS 46

Syllabus

<p>CONTINUANCE — ABSENCE OF ATTORNEY — ACTION AGAINST SHERIFF — FAILURE TO SERVE WRIT —EVIDENCE —EXEMPTIONS.</p> <p>The refusal of the court to grant a continuance because of the absence of one of defendant’s attorneys is not error, when it appears that one of his attorneys of record was present at the time the cause was called for trial, and that the cause had been regularly set for trial upon that day several days prior thereto.</p> <p>There is sufficient evidence to sustain a verdict in an action against a sheriff for failure to serve a writ of attachment, when it is shown that the attachment defendant, at the time of the issuance of the writ, had property in the county subject to seizure; that plaintiff’s attorney gave the deputy sheriff a list of the property within an hour after the writ had been left at the sheriff’s office for service, and told him that if he would go to the plaintiff, whose residence was near that of defendant, the plaintiff would point out the property to him; that within a day thereafter said deputy again approached plaintiff’s attorney and asked for his fee for serving the papers, and said that he had no trouble in finding the property, but did not say as to whether he had made any levy; and that in fact no levy was ever made.</p> <p>In such an action it is not error to admit the testimony of plaintiff showing that the deputy sheriff came to him one day and that he pointed out the defendant’s residence and told the deputy defendant had a number of horses, which the deputy would find by going over there; and that said deputy had some papers sticking out of his pocket, but that plaintiff could not tell whether they were the summons and writ of attachment against defendant; such testimony is admissible as tending to show information furnished the officer that the defendant had property subject to seizure upon the writ.</p> <p>Although an attachment defendant may be entitled to exemption under the provisions of Code Proc., §486, subd. 4, it