Jordan v. Hutchinson

Citations

• 39 Wash. 373
• 81 P. 867
• 1905 Wash. LEXIS 871

Syllabus

<p>Appeal—Final Orders—Order of Default. A refusal to vacate an order of default before final judgment is not final or appealable, and is reviewable on appeal from the final judgment.</p> <p>Judgment—Vacation—As Matter of Right on Publication of Summons—Actions for Recovery of Land—Statutes—Construction. Bal. Code, § 5518, giving an absolute right to vacate a judgment had upon the publication of summons in an action to recover the possession of land, has no application to a judgment in an action to set aside conveyances for fraud and subject land to the lien of judgments.</p> <p>Judgment—Vacation—Good Cause—Showing. Good cause for the vacation of a default judgment secured on publication of summons does not appear from the fact that defendant’s place of residence might have been ascertained by the plaintiff, where plaintiff and his counsel made diligent effort to ascertain the same without success, and where defendant had actual knowledge of the pendency of the suit thirteen days before the default.</p>