Jones v. Babcock

Citations

• 116 Wash. 424
• 199 P. 734
• 1921 Wash. LEXIS 848

Syllabus

<p>Judgment (106)—Vacation—Ebeor op Law. Error oí the court in applying the law to the facts, in making a decree of final distribution of an estate under the provisions of Rem. Code, § 1341, would constitute an “error of law”; and no distinction can be drawn between judgments in probate and other civil actions, nor from the fact that an administratrix procured the decree exactly in the form she asked it.</p> <p>Same (106). Under the settled practice of this state not to vacate judgments for error of law that could be corrected on appeal, a petition for the vacation of a judgment for error of law, discovered too late to be used on appeal, will not be entertained by the courts, though apparently sanctioned by Rem. Code, §§ 303, 464, 465.</p>