Hays v. Mercantile Investment Co.

Citations

• 73 Wash. 586
• 132 P. 406
• 1913 Wash. LEXIS 1642

Syllabus

<p>Judgment — Default—Vacating—Discretion. It is not an abuse of discretion to refuse to open a default in failing to reply to affirmative defenses within the time limited by law, where the reply tendered on motion to open the default did not deny or controvert the allegations set forth in the affirmative defenses.</p> <p>Judgment — Res Judicata — Bab — Matters and Persons Concluded. The dismissal of an action to set aside a judgment vacating the probate of a will and refusing re-probate on the ground of fraud in that the record was falsified so as to make it appear that the petition to set aside the original probate was filed within one year after the probate, is res judicata, where it had been determined on appeal that the original probate was properly vacated as void for lack of jurisdiction by reason of lack of process so that a petition to vacate it need not have been filed within one year; and is therefore a bar to a subsequent action to set aside the judgment refusing probate on account of such alleged fraud, brought by a party in interest whose duty it was to have appeared in answer to a valid citation presumptively issued at the time of offering the will for reprobate.</p>