Mount Vernon National Bank v. First National Bank

Citations

• 104 Wash. 107

Syllabus

<p>Judgment (118)- — Vacation-—Nature and Form of Proceeding. Tbe vacation of a default judgment for mistake and inadvertence in properly noting tbe return day may be bad on motion, and need not be by petition as provided in Rem. Code, § 467.</p> <p>Same (41, 99) — Default—-Vacation—Discretion. It is not an abuse of discretion to vacate a default judgment on account of mistake and inadvertence of tbe casbier of defendant bank in making a note of tbe return day beyond tbe time when an answer should bave been made, and tbe mistake of tbe clerk in filing tbe answer in another cause.</p> <p>-Same (29) — Default—Waiver. Acceptance of tbe $25 paid as a condition for tbe vacation of a default judgment estops tbe plaintiff from contesting tbe order of vacation.</p>