Dane v. Daniel

Citations

• 28 Wash. 155
• 68 P. 446

Syllabus

<p>APPEALABLE ORDER — -VOLUNTARY DISMISSAL OF ACTION.</p> <p>An order granting plaintiff’s motion for the voluntary dismissal of Ms action is an appealable one, where prior to such dismissal he has obtained an order of the court vacating a decree of foreclosure and sale thereunder in the same action, since the dismissal was a final order to the extent of entitling'defendants to a review of the errors alleged in setting aside the decree.</p> <p>JUDGMENT-WANT OP JURISDICTION-VACATION.</p> <p>Where a decree of foreclosure against community property was rendered upon service on one spouse only, it was made without jurisdiction over the community and the court had inherent power to vacate it on motion, irrespective of the lapse of time.</p> <p>SAME-SUFFICIENCY OF SHOWING.</p> <p>A motion to set aside a judgment for want of jurisdiction being a direct attack, it is not necessary that lack of jurisdiction appear from an inspection of the record, but it is sufficient if it is brought to the attention of the court dehors the record.</p> <p>SAME.</p> <p>Where an affidavit in support of a motion for vacation of a judgment stated facts showing that the trial court had rendered a void decree, the truth of which was confessed by demurrer, it was the duty of the court to clear its record.</p> <p>SAME-POWER OE COURT TO CORRECT JUDGMENT.</p> <p>Bal. Code, § 4953, which provides that “the court may, in the furtherance of justice, and on such terms as may be proper, amend any pleadings or proceedings, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, and may, upon like terms, enlarge the time for answer or demurrer,” is broad enough to include a proceeding to set aside a void judgment instituted by the person in whose favor the judgment was rendered, where the invalidity was due to the failure to include proper parties.</p> <p>SAME — ■ EX PARTE ORDERS.</p> <p>Where a judgment has been vacated and the