Lushington v. Seattle Auto & Driving Club
Citations
- 60 Wash. 546
- 111 P. 785
- 1910 Wash. LEXIS 1093
Syllabus
<p>Judgment — Vacation—Estoppel—Discretion. It is not an abuse of discretion to vacate a void default judgment against a corporation, where the claim of estoppel to dispute the judgment was met by counter affidavits.</p> <p>Same — Affidavit of Merits. Upon a motion to vacate a default judgment, for the reason that no service was had upon the defendant, an affidavit of merits is not necessary.</p> <p>Same — Time for Application — Laches. A motion to vacate a judgment, void for want of jurisdiction over the person of defendant, may be made at any time without regard to laches.</p> <p>Corporations — Actions'—List of Officers — Failure to File— Effect. Failure to comply with Rem. & Bal. Code, §§ 3691, 3692, requiring a corporation to file a list of its officers with the county auditor, does not prevent the corporation from moving to set aside a judgment secured on service upon one who was not an officer of the-corporation.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding counsel was not ineffective for failing to obtain circumstantial evidence instruction in a case involving direct and circumstantial evidence -- no procedural bar was imposed in the case
Source: CourtListener parenthetical corpus (CC0).
Judges: Chadwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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