Anderson v. Shields

Citations

• 51 Wash. 463
• 99 P. 24
• 1909 Wash. LEXIS 1211

Syllabus

<p>Judgment — Vacation op Voluntary Dismissal — Excusable Neglect— Discretion op Court — Continuance — Absence op Counsel. The denial of the vacation of a judgment of voluntary dismissal, asked for on the ground of mistake, inadvertence and excusable neglect, is largely a matter of discretion; and no abuse of discretion is shown where it appears that the case was set for hearing on 10 a. m., that one of the plaintiff’s counsel was present and asked for a continuance until the afternoon in order that other counsel familiar with the case could attend, but-refused to consent to pay witness fees of one witness amounting to $2.50 a day as a condition for the continuance, and rather than do so, asked a dismissal of the suit without prejudice, which was granted, there being no showing that counsel were misled; although by such dismissal the operation of the statute of limitations barred a recovery; since the neglect of counsel to know that the statute would run does not fall within the provisions of the statute, and counsel must take notice of the probability that cases will be called at the time they are assigned.</p>