105 Wash. 529 | Wash. | 1919
The plaintiffs, having a judgment against the defendants Hillman and wife, caused a writ of garnishment to he issued directed to the Pacific Excursion Company. This writ was served upon
Errors alleged are (1) that proper service could not be effected upon the company by service upon Bate-man; and (2) that, after having quashed the special appearance, the court erred in entering judgment by default against the Pacific Excursion Company. In answer to the first contention, it is sufficient to say that the court was not compelled to believe the affidavits of Bateman that he was not the managing agent of the garnishee defendant, and, from the counter-evidence which was produced, had a right to find that he was such agent. The mere fact that his statement is positive is not binding upon the court, which is never bound by testimony which it does not believe.
The judgment is affirmed.
Chadwick, C. J., Mitchell, Main, and Tolman, JJ., concur.