Cooper v. Cooper

Citations

• 83 Wash. 85
• 145 P. 66
• 1914 Wash. LEXIS 1587

Syllabus

<p>Judgment — Vacation—“Proceedings”—Trial—Change of Venue —Bias of Judge. Under Rem. & Bal. Code, §§ 467, 468, providing that proceedings to vacate or modify a judgment for fraud in obtaining it shall he by verified petition, with process, pleadings and issues made up in the same way as in an original action, an application to modify a judgment is a new and independent proceeding within the purview of 3 Rem. & Bal. Code, §§ 209-1, 209-2, providing for a change of judges for bias in any action or “proceeding.”</p> <p>Venue- — Change—Bias of Judge — Time for Application. A motion for a change of judges on account of bias of the judge is timely, where it was made as soon as the cause had been assigned under the rules of court by the presiding judge to a judge of a particular department for trial, although it had been previously assigned for trial on a day certain without designating any department or judge.</p> <p>Divorce — Decree—Modification — Jurisdiction. In divorce, the jurisdiction is continuing, especially where the interests of children are concerned, and the decree may he modified without the necessity for new process.</p>