Moody v. Reichow
Citations
- 38 Wash. 303
- 80 P. 461
- 1905 Wash. LEXIS 1166
Syllabus
<p>Judgment—Vacation—Default—Laches :— Insufficient Excuse—Abuse of Discretion. It is an abuse of discretion to vacate a default judgment, where it appears that the defendants were personally served, and, after moving for a cost bond, suffered default, that a motion for default was duly served and was pending for more than a year, that defendants offered no resistance to the motion by filing any paper of record, and tendered no pleading, and that the default was thereupon heard and granted, and decree entered, and the only showing on motion to vacate the judgment was the affidavit of the defendant to the effect that he understood English imperfectly and was unable to make his counsel understand his defense, especially since defendants’ counsel made no affidavit to that effect.</p>
Judges: Boot, Budkin, Crow, Dunbar, Fullerton, Hadley, Mount, Took
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Western Union Telegraph Co. v. DismangTenth Circuit· 1939-08-30· cited 29×
- Spoar v. Turn-VereinWashington Supreme Court· 1911-07-15· cited 20×
- Frieze v. PowellWashington Supreme Court· 1914-05-06· cited 11×
- Camarota v. United StatesThird Circuit· 1924-12-08· cited 5×
- Hazeltine v. RockeyWashington Supreme Court· 1916-03-15· cited 2×
- Morgan v. Stag Lumber Co.Washington Supreme Court· 1923-04-02
Cites
5 cases in this archive are cited by this case.
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota· 1892-05-20· cited 34×
- Sutton v. GunnSupreme Court of Georgia· 1891-02-23· cited 30×
- Jenkins v. Gamewell Fire Alarm Telegraph Co.California Supreme Court· 1892-11-30· cited 6×
- Chaffin v. FulkersonCourt of Appeals of Kentucky· 1894-02-03· cited 4×
- Grootemaat v. TebelWisconsin Supreme Court· 1876-01-15· cited 2×
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