Molloy v. Union Transfer, Moving & Storage Co.

Citations

• 60 Wash. 331
• 111 P. 160
• 1910 Wash. LEXIS 1046

Syllabus

<p>Judgments — Vacation—Irregularity—Notice oe Proceedings. It is discretionary for tbe trial court to vacate a judgment which was ■entered against a defendant, who had appeared by the service of a demurrer, without the framing of any issues, or notice of the trial, or any claim or entry of default, in view of Rem. & Bal. Code, § 241, entitling a defendant after appearance to notice of all proceedings.</p> <p>Judgment — Vacation—-Actions—Dismissal. Upon the vacation of a judgment for the want of jurisdiction over the person of defendant, the action is still pending, and it is error to dismiss the same, the time for the service of process not having expired.</p> <p>Judgment — Vacation —Process —Service—Proof—Sufficiency— Appearance — Authority. It is error to vacate a judgment and dismiss the action for want of jurisdiction over the person of the defendant, where the affidavit of the deputy sheriff showed service on the defendant; and a demurrer was served by an attorney purporting to represent the defendant, and neither the attorney nor the secretary-treasurer of the defendant explicitly denied the authority of the attorney to represent the defendant.</p> <p>Appeal — Final Orders — Vacation of Judgment. An order vacating a judgment is not appealable as a final order.</p> <p>Rudkin, C. J., Gose, and Parker, JJ., dissent.</p>