McInnes v. Sutton

Citations

• 35 Wash. 384
• 77 P. 736
• 1904 Wash. LEXIS 460

Syllabus

<p>Appeal — Waiver oe Error — Motion eor New Trial a Waiver op Motion por Judgment. Where a defendant against whom a verdict is rendered moves for judgment in his favor upon a special verdict, and also moves for a new trial, and the motion for judgment is denied, and that for a new trial is granted, the granting of the new trial determines any rights of the defendant on his motion for judgment, since he did not stand thereon.</p> <p>Attorney and Client — Removal op Attorney — Voluntary Withdrawal — Notice—Continuance. Bal. Code, § 4771, providing for twenty days’ notice of further proceedings upon the death or removal of a party’s attorney, does not apply to a voluntary withdrawal by the attorney, since a twenty days’ delay could thereby be secured by collusion.</p> <p>Same — Withdrawal as Ground for Continuance. When a case is regularly set for trial, the voluntary withdrawal of defendant’s attorney is not ground for a continuance, and a judgment entered after bearing plaintiff’s evidence is not irregularly entered, where no leave of court was obtained for such withdrawal, since the relation of attorney and client cannot be so severed as to affect the rights of others or to secure a delay of the trial.</p> <p>Appeal — Review—Judgment—Vacation—Error of Law. Error of law cannot be corrected upon a petition to vacate a judgment, but only by an appeal from the judgment.</p>