Washington Supreme Court, 1909

Sound Timber Co. v. Beard

Sound Timber Co. v. Beard
Washington Supreme Court · Decided July 10, 1909 · Chadwick, Fullerton, Gose, Morris, Rudkin, Took
54 Wash. 82; 102 P. 890; 1909 Wash. LEXIS 947

Sound Timber Co. v. Beard

Opinion of the Court

Gose, J.

This is a companion case to Hays v. Peavey, ante p. 78, 102 Pac. 889. An execution was issued upon the judgment referred to in that case, directed to the sheriff of Snohomish county. In obedience to the command of the execution, he had levied upon certain real estate, and had advertised it for sale. Whereupon, on the application of the respondent, he was enjoined from the making the sale. This appeal is prosecuted from the order of injunction.

In view of the fact that the judgment upon which the execution issued has been vacated, there has ceased to be a controversy in this case. The order will therefore be affirmed.

Rudkin, C. J., Fullerton, and Chadwick, JJ., concur. Morris, J., took no part.

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