Coles v. McNamara
| Decision Date | 16 December 1924 |
| Docket Number | 18446. |
| Citation | 131 Wash. 691,231 P. 28 |
| Court | Washington Supreme Court |
| Parties | COLES v. McNAMARA, Deputy Sheriff, et al. |
Appeal from Superior Court, King County; Brinker, Judge.
Action by Harrison Coles against Thomas F. McNamara, as Deputy Sheriff of King County, and others. From an order quashing writs of garnishment, plaintiff appeals. Affirmed.
H. E. Foster, of Seattle, for appellant.
John F. Dore, of Seattle, for respondents.
This is an appeal from an order quashing two writs of garnishment sued out by appellant, one against King county to garnish the salary of respondent Starwich, and the other against King county to garnish the salary of respondent McNamara. The appeal is brought here on the transcript of the record and the bill of exceptions.
The affidavits of the two defendants show that at the time of the issuance of the garnishments in each case, each defendant was married; the sum garnished was the monthly wages of such defendants, and such wages were the community property of the defendant and his wife; that the judgment against each defendant was a separate judgment, and the community not liable for the same. Under sections 6890, 6891, and 6892 of Rem. Comp. Stat., wages are community property of the husband and wife. The damages complained of in the action by appellant were for personal torts for which the community is not liable. Brotton v. Langert, 1 Wash. 73, 23 P. 688; Bice v. Brown, 98 Wash. 416, 167 P. 1097; Kies v. Wilkinson, 114 Wash. 89, 194 P. 582, 12 A. L. R. 833.
The order quashing the writs of garnishment was therefore proper, and there is no valid reason for reversing the adjudication.
To continue reading
Request your trial
-
De La Torre v. National City Bank of New York
...Langert, 1 Wash. 73, 23 P. 688; Stockand v. Bartlett, 4 Wash. 730, 31 P. 24; Schramm v. Steele, 97 Wash. 309, 166 P. 634; Coles v. McNamara, 131 Wash. 691, 231 P. 28. This was so held specifically as to an obligation of the husband contracted for the accommodation of a third person in Shuey......
-
United States v. Elfer
...including May, 1945, were made because of Schlafer's naval service. Income from personal service is community property. Coles v. McNamara, 1924, 131 Wash. 691, 231 P. 28; Small v. Bartyzel, 1947, 27 Wash.2d 176, 177 P.2d 391.8 The fact of overpayment would not alter the community nature of ......
-
Deelche v. Jacobsen: Recovery from Community Property for a Separate Tort Judgment
...Werker v. Knox, 197 Wash. 453, 85 P.2d 1041 (1938). 24. E.g., Furuheim v. Floe, 188 Wash. 368, 62 P.2d 706 (1937); Coles v. McNamara, 131 Wash. 691, 231 P. 28 (1924); Schramm v. Steele, 97 Wash. 309, 166 P. 634 25. Wash. Rev. Code § 26.16.030 (1963). 26. Wash. Rev. Code § 26.16.030(3) (1981......