Hartford v. Stout

Citations

• 102 Wash. 241
• 172 P. 1168
• 1918 Wash. LEXIS 943

Syllabus

<p>Judgment—Vacation—Grounds—Mistake of Clerk. A judgment may be vacated for the mistake, neglect or omission of the clerk, in entering findings and judgment, contrary to the directions of the judge to hold them, after they were signed and given to the clerk.</p> <p>Same — Vacation — Notice — Waiver. A voluntary appearance without objection to trial of the merits of the motion waives notice of proceedings to vacate a judgment required by Rem. Code, § 468.</p> <p>Appeal—Review—Record. A recital in a bill of exceptions of an appearance is sufficient to show the appearance, although the judgment does not contain such a recital.</p> <p>Appeal—Review—Objections. Objection to want of formality in proceedings to vacate a judgment must be made below and preserved in the record, in order to be reviewed on appeal.</p> <p>Replevin — Ownership of Automobile — Evidence—Sufficiency. In an action of replevin of an automobile, purchased in the name of a father, the evidence sufficiently shows that it was in fact owned by his son, where it appears that he paid for it, and for the state license fee, insurance, and costs of maintenance, and that the title was taken in his father’s name for the sake of convenience only.</p> <p>Estoppel—Title to Property—Ostensible Ownership. A son purchasing an automobile in his father’s name is not estopped by that fact to assert title, as against a judgment creditor of his father, purchasing at execution sale; since such judgment creditor is not an innocent purchaser for value, and can assert only the title which the judgment debtor had.</p>