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>