Canada Settlers Loan & Trust Co. v. Murray

Citations

• 20 Wash. 656
• 56 P. 368
• 1899 Wash. LEXIS 220

Syllabus

<p>JUDGMENT-NOTICE TO DEFENDANTS—APPEAL—MOTION TO VACATE JUDGMENT IN LOWER COURT—EFFECT.</p> <p>Where, in a foreclosure proceeding in which defendants have appeared, a stipulation is entered into, concerning payment of plaintiff’s claim and a continuance of the suit, which provides that, in case of the failure of defendants to comply with any of its conditions, the agreement may be terminated without notice and plaintiff may proceed at once with the foreclosure proceedings, judgment without notice is not warranted against defendants upon their breach of performance, but merely the abrogation of the agreement is provided for.</p> <p>Where judgment was erroneously entered by default, while defendants’ demurrer stood undisposed of, a motion to vacate the judgment subsequent to appeal therefrom would not occasion a cessation of defendants’ rights involved in the appeal.</p> <p>After an appeal has been perfected from an erroneous judgment, jurisdiction over the cause passes to the supreme court, and it is too late for the respondent to cure errors in the judgment by moving for its vacation.</p>