Codd v. Von Der Ahe

Citations

• 92 Wash. 529
• 159 P. 686
• 1916 Wash. LEXIS 778

Syllabus

<p>Appeal — Decisions Appealable — Finality—Oral Orders. An appeal cannot be entertained, as from a final judgment, from an oral order denying a deficiency judgment in foreclosure which was never expressed in a formal written judgment.</p> <p>Mortgages — Foreclosure—Decree—Finality — Deficiency Judgment. A money judgment contained in a decree of foreclosure is a final judgment to be enforced by sale and levy for deficiency under the same execution, under Rem. & Bal. Code, § 1119, providing that the court shall direct in the foreclosure decree that any deficiency shall be satisfied from any property of the mortgage debtor; §§ 1120, 1121, declaring that judgments for deficiency shall be similar to other judgments and enforced in the same way; and § 1123, providing that judgments over for any deficiency may be satisfied under the same execution.</p> <p>Appeal — Record—Statement of Facts — Time for Filing. Upon appeal from a foreclosure decree, the time for filing the statement of facts begins to run from the entry of the decree, and not from the denial of a motion for a deficiency judgment after sale.</p> <p>Same — Statement of Facts — Time fob Filing — Extension'—Excuse fob Delay. It is not a sufficient excuse for extending the time for filing a proposed statement of facts, authorized by Rem. 1915 Code, § 1730-8, where failure to file in time “is found to be excusable,” that a mistake of law was made in assuming that an oral decision denying a deficiency judgment, not expressed in a formal written order, was a final judgment from which an appeal may be taken; and that act does not repeal Rem. & Bal. Code, § 393, requiring filing of the statement of facts within thirty days after the time for taking an appeal begins to run.</p> <p>Bills and Notes — Indorsees—Liability—Notice. Indorsers of a promissory note are not liable in the absence of presentment or demand for payment as to one of the makers and no demand made on them as indorsers.</p> <p>Appeal- — Record—Affidavit