McCaffrey v. Snapp

Citations

• 95 Wash. 202
• 163 P. 406

Syllabus

<p>Judgment — Modification—Powers of Court. After entry of final judgment on the merits and overruling a motion for a new trial, the court is without power to modify the judgment because of inadvertence in omitting from the decree a provision for the repayment of a sum tendered by the plaintiff, unless the party can show cause for vacating the judgment under Rem. Code, § 235, where the summons was not personally served, or under § 303, for the mistake, inadvertence, surprise, or excusable neglect of the party, or § 464, for mistake or omission of the clerk, or for irregularity or fraud in obtaining the judgment; and there must be-an application containing traversible allegations of fact.</p> <p>Same. The inherent power of the court to make its judgment speak the truth does not extend to errors that did not appear on the face of the record, where the matter was not presented by exceptions, motion for a new trial, or timely request before entry of judgment.</p>