State v. Creech
| Decision Date | 06 December 1897 |
| Parties | STATE EX REL. ACHEY v. CREECH, SHERIFF. |
| Court | Washington Supreme Court |
Appeal from superior court, Chehalis county; Charles W. Hodgdon, Judge.
Petition for mandamus, on the relation of Ida C. Achey, against D. T. Creech, as sheriff of Chehalis county, to compel him to release and set aside to relator certain community property consisting of stock and household furniture, together with a logging capstan and cable and tools used in logging. From a judgment for plaintiff, defendant appeals. Affirmed.
J. C. Cross, for appellant.
Wm. O. McKinlay, for respondent.
We have examined the pleadings and the testimony in this case in detail, and are satisfied that the plaintiff was a proper party to the action, and had a right to bring the same. If she was an abandoned wife, she had a right to bring it, and have the exemption set aside for the benefit of herself and family; and if she was not, in the absence of her husband, she had a right to select the property, and to have it exempted. The action also properly lies against the officer to compel the performance of this duty. We think the testimony fully justifies the findings of the court. Even if we were to hold that the right to exemption in cases of persons of different occupations was not cumulative, there is sufficient evidence in this case to sustain the finding that the tools and implements claimed by the plaintiff were necessary articles in farming, clearing, and improving farms in that country. The judgment will be affirmed.
To continue reading
Request your trial
-
Mississippi Road Supply Co. v. Hester
... ... v. Scottish Union & Nat. Ins. Co., 33 Ore. 65, 49 P ... 588, 53 P. 498; Daniels v. Hayward, 87 Mass. 43, 81 ... Am. Dec. 731; State v. Creech, 18 Wash. 186, 51 P ... 363; Jenkins v. McNall, 27 Kan. 532, 41 Am. Rep ... 422; Allee v. Waters, 17 Ala. 482; Talcott v ... ...
-
Baker v. Maxwell
... ... plaintiff is conceded to be a married man, the head of a ... family, and, with his family, has been for many years a ... resident of the state. He has little, if any, property, ... except that hereinafter mentioned, and, for a considerable ... period, has been employed by others in cutting ... in Reeves & Co. v. Bascue, 76 Kan. 333, 91 P. 77; ... and a logging outfit may be an exempt instrument (State ... v. Creech, 18 Wash. 186, 51 P. 363). Even where the ... statute exempts only the tools "necessary for the ... debtor's usual occupation," it has been said ... ...
-
Baker v. Maxwell
...in Reeves v. Bascue, 76 Kan. 333, 91 Pac. 77, 123 Am. St. Rep. 137; and a logging outfit may be exempt instrument (State v. Creech, 18 Wash. 186, 51 Pac. 363). Even where the statute exempts only the tools “necessary for the debtor's usual occupation,” it has been said this does not mean th......
-
In re Willis
...capstan, cable, and tools used in logging by farmer, if necessary to be used in clearing and improving his farm, are exempt, State v. Creech, 18 Wash. 186, 51 P. 363. As also machines for making boots, Daniels v. Hayward, 5 Allen (87 Mass.) 43, 81 Am.Dec. 731; and printing outfits, press, t......
-
Table of Cases
...v. Clark,88 Wn.2d 533, 563 P.2d 1253 (1977): 6.2(6), 6.5(7) State v. Coria,146 Wn.2d 631, 48 P.3d 980 (2002): 3.1(2), 4.6 State v. Creech,18 Wash. 186, 51 P. 363 (1897): 6.5(5) State v.Frenger, 158 Wash. 683, 291 P. 1089 (1930): 2.5 State v. Joyner,69 Wn.App. 356, 848 P.2d 769 (1993): 3.2(1......
-
§6.5 Enforcement of Judgments
...the proper remedy would be a separate action in mandamus to compel release of the property. RCW 7.16.150-.280; cf. State v. Creech, 18 Wash. 186, 51 P. 363 (1897). As with lis pendens, a writ of attachment can only affect the defendants interest in particular Decisions of the United States ......