State ex rel. Achey v. Creech

Washington Supreme Court December 6, 1897

State ex rel. Achey v. Creech, 18 Wash. 186 (Wash. 1897)

51 P. 363; 1897 Wash. LEXIS 135

Opinion of the Court

Per Curiam.

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 sarge. 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, *188and 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.

Reference

Full Case Name: The State of Washington, on the Relation of Ida C. Achey v. D. T. Creech, Sheriff
Cited By: 6 cases
Status: Published
Syllabus: MANDAMUS AGAINST SHERIFF — RIGHT OF DESERTED WIFE TO MAINTAIN TO ENFORCE EXEMPTIONS. Mandamus will lie against a sheriff, at the suit of a wife, either in case of abandonment hy her husband or in his absence, to compel the sheriff, who has levied upon community property, to set aside that portion which is exempt hy statute from execution Where tools and implements useful m logging operations are, from the nature of the country, necessary articles in farming, clearing and improving farms, they may he claimed as exempt under the exemptions allowed farmers, although having heen used also in the logging business.