Bast v. Hysom

Citations

• 6 Wash. 170
• 32 P. 997
• 1893 Wash. LEXIS 254

Syllabus

<p>APPEAL — OBJECTIONS NOT BAISED BELOW — VACATION OE JUDGMENT.</p> <p>The fact that a petition to vacate a judgment hacl been filed in a cause subsequent to the denial of a motion to vacate the judgment on the same grounds, cannot be urged for the first time on appeal.</p> <p>Where judgment has been taken against defendant by default for his failure to answer, the judgment should be set aside when it appears that he has a defense upon the merits of the case and was misled by a statement of plaintiff’s attorney that the cause would be tried several months later than the time at which default was taken.</p>