Hennessy v. Tacoma Smelting & Refining Co.

Citations

• 33 Wash. 423
• 74 P. 584
• 1903 Wash. LEXIS 536

Syllabus

<p>Appeal—Time fob Taking—Motion to Vacate Judgment. Where a motion is made to vacate an irregularly entered judgment dismissing an action, the time for taking an appeal from the judgment begins to run from the date of the order denying the motion, in as much as the motion involves the judgment. (State ex rel. Hennessy v. Huston, 32 Wash. 154, followed.)</p> <p>Appeal—Dismissal—Cessation of Contbovebsy—Dismissal of Subsequent Suit—When not a Bab. Where, pending an appeal from a judgment of dismissal, a like suit is commenced in the federal court and also dismissed, the dismissal of the second case by the federal court is not res judicata of the former suit, operating to work a dismissal of the appeal for want of any actual controversy, where the judgment of the federal court is expressly limited to the question whether the complainants are entitled to any relief in equity by reason of facts occurring since the date of the original decree from which the appeal is taken.</p> <p>Judgment—Res Judicata-—Appeal Pending. A Judgment of the federal court dismissing an action is not res judicata of like matters involved in a prior suit in the state court, when it appears that the federal cause has been appealed to the United States circuit court of appeals, and that no mandate has been received or filed in the clerk’s office.</p> <p>Judgment—Pbematubely Entebed Without Heabing. A judgment entered on the court’s own motion after issue joined, without any hearing, trial, or opportunity for hearing, is premature and irregular, and will he reversed on appeal. (State ex rel. Hennessy v. Huston, supra, followed.)</p>