Nolan v. Arnot

Citations

• 36 Wash. 101
• 78 P. 463
• 1904 Wash. LEXIS 523

Syllabus

<p>Appeal — Final Orders — Vacation op Judgment. An order vacating a judgment of foreclosure of a tax certificate, which also quashes the service of summons, sets aside the tax deed, and directs redemption from the tax upon payment of the same, with costs, is appealable as a final judgment, although there is no formal order of dismissal of the action, since it effects a'disposition of the whole case.</p> <p>Appeal — Bonds—Tax Lien Foreclosure — Special Appeal Act. The plaintiff in a tax lien foreclosure may appeal from a judgment denying his right to foreclose, by giving an appeal bond under the general law of appeals, since the special provisions of Laws 1897, p. 186, as amended by Laws 1903, p. 75, requiring the bond on an appeal from a tax judgment to be served at the time of taking the appeal, conditioned for the payment of the tax, applies only to appeals by the party resisting the tax.</p> <p>Judgment — Vacation—Recitals as to Summons and Jurisdiction — Motion to Vacate. Where a judgment contains recitals showing due service of process, with other findings sufficient to show jurisdiction, the presumption of jurisdiction is not overcome by defects in the record, and hence an unsupported motion to vacate the judgment, based upon the record in the cause, is demurrable.</p>