Anderson v. Burgoyne

Citations

• 60 Wash. 511
• 111 P. 777
• 1910 Wash. LEXIS 1082

Syllabus

<p>Husband and Wife — Community Debt — Personal Judgment Against Wife. In an action upon a note executed by the husband alone, personal judgment against the wife is unauthorized, the plaintiffs being confined to establishing the community character of the indebtedness.</p> <p>Judgments — Res Judicata — Judgments Not Pinal. The denial of a motion to vacate an order sustaining a demurrer in a garnishment proceeding is not final, and is accordingly not res judicata.</p> <p>Judgment — Default—Presumptions—Vacation. A party has a right to presume that the plaintiff will not take a different default judgment than the facts alleged warrant.</p> <p>Judgments — Vacation—Equitable Relief — Limitations. Relief agaihst a judgment may be granted in equity after the expiration of one year from the date of its entry, where the parties had no actual notice of the matter complained of until a few days before the action was commenced, nor notice of the facts sufficient to put them on inquiry.</p>