Fisher v. Puget Sound Brick, Tile & Terra Cotta Co.

Citations

• 34 Wash. 578
• 76 P. 107
• 1904 Wash. LEXIS 387

Syllabus

<p>Judgments — Vacation—Judge Peo Tempobe — Jubisdiction to Heab Motion to Vacate Judgment. Where a case is heard, by a judge pro tempore appointed for the purpose, he has jurisdiction to hear and determine a motion to vacate and set it aside.</p> <p>Judgments — Vacation—Notice oe Entey Unnecessaby— Sufficiency of Showing — Discbetion in Refusing to Vacate. It is not error to refuse to vacate a judgment made nine months after its entry, because of failure to serve notice thereof and of the findings of fact and conclusions of law, upon the affidavit of counsel that he had no notice of the judgment for a “long time” after its entry and would have perfected an appeal if he had had notice in time, where opposite counsel make affidavit that actual notice was given orally and by leaving a copy at the attorney’s office, and that they conversed about the judgment two months after its entry, since it is unnecessary to give notice of the time and place of signing a judgment, and no abuse of discretion appears in refusing to vacate the judgment on the showing made.</p>