Bolcom Mills, Inc. v. City of Seattle

Citations

• 101 Wash. 136

Syllabus

<p>Judgment — Vacation — Limitations. Application under Rem. Code, § 303, for relief from a judgment taken through mistake, inadvertence, surprise or excusable neglect, must be made within one year from the date of the judgment.</p> <p>Same—Vacation—Limitations — Pendency oe Appeal. Where, owing to the pendency of an appeal, the period of one year within which relief might be had for mistake or excusable neglect expires before discovery of the mistake, the supreme court will, upon propér showing, grant leave to apply to the lower court for the vacation of the judgment for the causes set forth in Rem. Code, § 303; since the time of the pendency of the appeal should not be counted as part of the time limited.</p> <p>Ellis, C. J., dissents.</p>