Keyes v. Ahrenstedt

• Decision Date: 28 April 1930
• Docket Number: 22277.
• Citation: 287 P. 35,156 Wash. 526
• Parties: KEYES v. AHRENSTEDT.
• Court: Washington Supreme Court

287 P. 35

156 Wash. 526

KEYES v. AHRENSTEDT.

No. 22277.

Supreme Court of Washington

April 28, 1930

Department 1.

Appeal from Superior Court, King County; J. T. Ronald, Judge.

Action by J. E. Keyes against H. Ahrenstedt. Judgment for plaintiff and from orders granting defendant's motion to set aside an execution levy and denying plaintiff's motions to strike such motion and appoint a receiver, plaintiff appeals.

Affirmed.

S. H Kelleran and L. H. Wheeler, both of Seattle, for appellant.

Wingate & Benz and Morris & Dubuar, all of Seattle, for respondent.

BEALS J.

June 1 1928, the superior court for King County granted judgment in favor of J. E. Keyes, plaintiff in this action, against H Ahrenstedt, the defendant, in the sum of $1,000, together with interest and costs. Some time thereafter defendant moved the court to set aside a levy made by the sheriff under an execution issued pursuant to the judgment upon certain certificates of corporate stock which the sheriff had seized and advertised for sale, defendant's motion also attacking the execution and the notice of sale, as well as the levy, upon the ground that the same were void and of no effect because the 'levy was not made in the manner required by the statutes of the state of Washington and that said certificates of stock were not and are not subject to attachment or execution.'

Plaintiff then moved for an order 'striking out the so-called motion of defendant entitled 'motion to set aside levy,' together with the affidavit of defendant attached thereto * * * on the ground that the same is sham and frivolous.' In this motion plaintiff also asked for the appointment of a receiver in aid of execution to take possession of the shares of stock referred to in defendant's motion.

It would seem that a hearing was had by the superior court upon these motions, as there appears in the transcript a motion by plaintiff for a rehearing on his motion to vacate the levy, plaintiff basing this motion upon alleged 'error of law occurring at such hearing and excepted to at the time.' This motion appears to have been served and filed on September 18, 1929.

September 27, 1929, the court entered an order granting defendant's motion to set aside the levy, the order reciting the appearance of the respective parties by their attorneys, and that 'the respective affidavits filed by the parties' were called to the attention of the court. The order recites the seizure by the sheriff of certain shares of the capital stock of Silver Cord Mining Company, an Alaska corporation, and recites 'that said purported levy was not made in the manner required by law and that the said purported levy was illegal and not properly made upon said certificates,' concluding with words granting defendant's motion to set aside the levy and vacating, quashing, and setting aside the same and all subsequent proceedings based thereon, the sheriff being by the order directed to return the certificates of stock to the person from whom the same were taken. On the same day the court entered an order denying plaintiff's motion to strike defendant's motion to set aside the levy, and also denying plaintiff's motion for the appointment of a receiver to take possession of the certificates of stock which had been seized by the sheriff and were then in his possession.

To the entry of these orders plaintiff excepted, and from them he appeals.

No statement of facts is before us, the only record we have being that contained in a transcript prepared by the clerk of the superior court containing the judgment above referred to,...