Dalgardno v. Trumbull

Citations

• 25 Wash. 362
• 65 P. 528
• 1901 Wash. LEXIS 402

Syllabus

<p>DEFAULT JUDGMENT-VACATION-DISCRETION OF COUBT.</p> <p>The action.of the trial court in vacating a default judgment is not an abuse of discretion, when done upon a showing that defendant’s attorney had erroneously noted the day of service as being one day later than the actual day; that he attempted to serve a demurrer upon plaintiff upon the last day, as he understood it to be from his notation, and was informed that a default had been taken the preceding day; and that while proceeding to the court house to ascertain the condition of the record, he was passed by plaintiff’s attorney in a conveyance, who thereby reached the court house before him and in the meantime procured the1 entry of a default and judgment against him.</p>