Little Bill v. Dyslin

Citations

• 51 Wash. 675
• 99 P. 1026
• 1909 Wash. LEXIS 1253

Syllabus

<p>Judgments — Vacation—Grounds—New Trial — Surprise—Courts —Review by Same Court. Bal. Code, § 4953, authorizes a trial court to review and vacate its own order denying a new trial, taken against a party through mistake, inadvertence, surprise or excusable neglect.</p> <p>Same — Discretion. It is not an abuse of discretion to vacate an order denying a new trial, entered without notice to the moving party, after an agreement to submit the same at some future time to a visiting judge who died before the matter was submitted.</p> <p>Same — Courts—Power to Review Orders — Correction in Same Court. After vacating, for inadvertence and surprise, an order vacating the denial of a' new trial, the trial court has no discretion to vacate its last order, as it may not review its own orders for mere error of law.</p>