Meisenheimer v. Meisenheimer

Citations

• 55 Wash. 32
• 104 P. 159
• 1909 Wash. LEXIS 702

Syllabus

<p>Judgment — Decision as to Jurisdiction — Collateral Attack. Where a party appears specially to object to a proceeding for want of due service, and the court, having jurisdiction of the subject-matter, decided that due service was made and that it has jurisdiction to proceed to judgment on the merits, such judgment cannot be collaterally attacked for want of service.</p> <p>Courts — Motions — Jurisdiction — Judgment — Vacation —Res Judicata. Under Bal. Code, § 4766, giving an attorney authority to bind his client by agreement, and Id., § 4668, authorizing a superior judge of one county to hold a session of the court at the request of the judge of another county, at the seat of judicial business, and Laws 1901, p. 76, § 2, authorizing any judge who has heard a motion or case in any county outside his district to decide or determine the same in any county in the state, the parties to an action in D. county may stipulate that a motion to vacate the judgment may be heard at the county seat of S. county, before the superior judge of W. county, and upon entry of an order accordingly and transfer of the papers, such trial judge has jurisdiction to hear and decide the motion, the parties having appeared by counsel and argued the same; and his order is res judicata.</p> <p>Judgment — Appearance — Consent — Jurisdiction — Hearing at Chambers. After appearance before a judge and presentation of a motion, it cannot be objected that the judge heard the motion “in chambers” instead of in open court in the court house, Const, art. 4, § 6, providing that the eourts shall always be open.</p> <p>Judgment — Vacation—Conclusiveness—Motion as Bab to 'Action. Where a motion to vacate a judgment is made within one year, under Bal. Code, §§ 5153, 5156, and the motion is denied and no appeal taken, the order is res judicata and a bar to an independent action to vacate the judgment on the same grounds.</p> <p>Judgment — Vacation—Fraud oe Attorney — Erbob oe Law. A judgment will not be vaca