Pringle v. Pringle

Citations

• 55 Wash. 93
• 104 P. 135
• 1909 Wash. LEXIS 712

Syllabus

<p>Appeal — Decisions Reviewable — Final Orders. An order requiring the payment of suit money as a condition precedent to the hearing of a petition to vacate a fraudulent judgment of divorce, in default of which the opposing party might move for a dismissal of the petition, is appealable, under Bal. Code, § 6500, authorizing appeals from final judgments or orders which in effect determine the action or prevent a final judgment therein.</p> <p>Appeal — Review—Discretion. The discretion of the court in imposing terms as a condition precedent to the vacation of a default judgment, is not an arbitrary one that may- not be reviewed on appeal.</p> <p>Divorce — Judgment—Vacation—Imposition oe Terms. Where a default judgment of divorce was secured by a wife through fraud, and all the property was awarded to her and in her possession, and it does not appear that the husband has any means, it is error to require the husband to pay $50 suit money as a condition precedent to the prosecution of a petition to vacate the decree.</p>