Meakim v. Ludwig
Meakim v. Ludwig
Opinion of the Court
The purpose of this action was to restrain interference with the plaintiff’s possession and operation of a shingle mill which he held as trustee. After the issues were framed, the trial resulted in a judgment as prayed for in the complaint. From this judgment, the appeal is prosecuted.
It is first claimed on behalf of the appellant that, since the execution was issued out of the justice court, the procedure to
It is next claimed that the trustee had an adequate remedy at law, and therefore had no right to proceed in equity for an injunctive relief. It is, no doubt, true that the trustee might have proceeded at law, but he was not required to do so. It has become the settled law of this state that a party whose property is about to be seized upon an invalid or void writ has his choice of remedies. Injunctive relief will not be denied because there is a remedy at law, but it will be granted if it appears to be a more speedy and efficacious remedy. Being a preventive writ, it is issued in such cases to obviate a lien that would otherwise remain attached pending a trial upon the merits. The defendant in such cases is not injured, for he is protected by a bond. Grant v. Cole, 23 Wash. 542, 63 Pac. 263; Cline Piano Co. v. Sherwood, 57 Wash. 239, 106 Pac. 742.
It is also claimed that the trustee did not take possession of the property, but this contention, we think, is likewise without merit. The evidence shows that the trustee assumed the management and control of the property, took possession of the accounts, made a list of the creditors, transferred outstanding accounts to himself as trustee, and made arrangements with certain business houses whereby he could be fur
There is some contention that the transfer operated to hinder and delay creditors and was, therefore, void. By many decisions it has become the settled law in this state that an insolvent debtor may prefer one or more of his creditors, even if such preference exhausts the whole of his property. The question is fully discussed and the authorities assembled in Holt Mfg. Co. v. Bennington, 73 Wash. 467, 132 Pac. 30. This is not delaying or hindering within the meaning of the statute. Bump, Fraudulent Conveyances (4th ed.), § 170; Wilson v. Berg, 88 Pa. St. 167.
There are some other questions discussed in the briefs, but those already referred to appear to us to cover the leading contentions. Those not here specifically referred to have been considered and, in our opinion, in none of them is there substantial merit.
The judgment will be affirmed.
Ellis, C. J., Parker, Fullerton, and Webster, JJ., concur.
Reference
- Full Case Name
- R. J. Meakim, Trustee v. J. A. Ludwig
- Cited By
- 3 cases
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- Published
- Syllabus
- Execution'—Redelivery—Statutes. Upon levy of execution from justice court, redelivery may be had under the provisions of Rem. Code, § 573; since Id., § 1888, defining the proceedings for taking possession of property levied upon by execution issued out of justice court is not exclusive, § 1889 providing that the claimant to such property may resort to any legal remedy. Injunction—Remedy at Law—Preventing Execution. That there is a remedy at law will not prevent the issuance of an injunction to prevent the seizure of property under an invalid or void writ of execution, where the remedy by injunction is more speedy and efficacious. Assignments for Benefit of Creditors—Possession of Property —Effect. An assignment for the benefit of creditors is not affected by the fact that the trustee employed the insolvent debtor in operating the property. Fraudulent Conveyances— Preference — Hindering Creditors. The transfer to one creditor of all the insolvent’s property is not a delaying or hindering of creditors, since the insolvent debtor may prefer one or more of his creditors.