Denny-Renton Clay & Coal Co. v. Sartori

Citations

• 87 Wash. 545
• 151 P. 1088
• 1915 Wash. LEXIS 929

Syllabus

<p>Judgment—Vacation—Equitable Relief—Grounds—Newly Discovered Evidence—Statutes. Rem. & Bal. Code, § 303, authorizing relief from judgments suffered “through mistake, inadvertence, surprise or excusable neglect” has no application to new trials for newly discovered evidence, in view of other statutes expressly covering that subject.</p> <p>Same.- A judgment may be vacated for newly discovered evidence, under Rem. & Bal. Code, § 464, subd. 1, authorizing the vacation of a judgment by granting a new trial for “any of the causes prescribed by the sections relating to new trials;” thus making direct reference to Id., § 399, subd. 4, which authorizes a new trial for newly discovered evidence.</p> <p>Same—Vacation—Time for Motion—-Statutes. Rem. & Bal.’ Code, § 465, providing that, when the grounds for a new trial could not have been discovered with reasonable diligence until after verdict or decision, the application may be made by petition as in other cases, but no motion shall be filed more than one year after judgment, extends the time for moving to vacate a judgment for newly discovered evidence, prescribed in § 464, to one year in all cases where the new evidence could not have been discovered until after judgment.</p> <p>Same'—Setting Aside—Equitable Relief—Adequate Remedy at Law. There being an adequate remedy for the vacation of a judgment for newly discovered evidence within one year from the entry of the judgment, under Rem. & Bal. Code, § 464, an independent suit in equity will not lie.</p> <p>Same—Equitable Relief — Limitations — Ebaud. Rem. & Bal. Code, §§ 464 and 465, limiting the time for vacating judgments upon the ground of newly discovered evidence, where the same could not be discovered until too late for the ordinary motion, are statutes of repose; and after expiration of the year limited, a suit in equity for a new trial on that ground cannot be maintained unless the failure to discover the new evidence within the year was occasioned by the concealm