Hayworth v. McDonald

Citations

• 67 Wash. 496
• 121 P. 984
• 1912 Wash. LEXIS 1204

Syllabus

<p>Appeal — Recoed—Statement of Facts — Affidavits—Motion to Vacate Judgment. Affidavits annexed to a motion to vacate a judgment and by reference made a part of the motion, cannot be made a part of the record, by the certificate of the clerk, and will not be considered on appeal in the absence of any statement of facts or bill of exceptions.</p> <p>Judgment — Default—Failure to Answer — Appearance. An answer filed after a default had been entered, without leave of court, and not served on the plaintiff, does not constitute an appearance preventing a judgment by default.</p> <p>Judgment — Default—Amount — Jurisdiction — Collateral Attack. A default judgment on a bond for the amount of the penalty, and $400 additional as attorney’s fees, and for costs, is not void for want of jurisdiction as exceeding the penalty of the bond, but merely erroneous to be corrected by appeal or statutory proceeding; and the objection cannot be first raised on appeal from an order refusing to vacate the judgment on a motion based on other grounds (Mount, J., dissenting).</p> <p>Corporations — Actions—Venue—Presumption—Doing Business in County. Under the statutes authorizing a corporation to be sued in any county where it transacts or transacted business at the time the cause arose, it will be presumed that the corporation did business in a county where it was sued, if there is nothing to the contrary in the record; and a default judgment may be taken against a corporation on a bond executed in the county in which the suit was brought; as that would be the transaction of business in that county, within the meaning of the statute.</p>