Ellis v. Moon

Citations

• 40 Wash. 114
• 82 P. 186
• 1905 Wash. LEXIS 946

Syllabus

<p>Appeal — Dismissal Motion Denied — No Reconsideration at Hearing on Merits. After passing upon a motion to dismiss an appeal, the supreme court will not again consider the motion at the trial on the merits.</p> <p>Judgment — Vacation—Erroneous Judgment on the Pleadings — ’ Remedy by Appeal. Where, after filing an amended pleading, judgment on the pleadings is granted upon motion of the adverse party, the remedy is by appeal and not by motion to vacate the judgment for irregularity.</p> <p>Appeal — Dismissal por Failure to Peosecute — Bar. After the dismissal of an appeal from an erroneous judgment, for failure to prosecute it, the error cannot he reviewed by an appeal from an order refusing to vacate the judgment.</p>