Ramey v. Smith

Citations

• 56 Wash. 604
• 106 P. 160
• 1910 Wash. LEXIS 856

Syllabus

<p>Appeal — Review—Objections not Urged Below. Upon appeal from an order refusing to vacate a judgment, the supreme court will consider only the points raised in the court below.</p> <p>Judgments — Defaults—Vacation—Excusable Neglect. It is not an abuse of discretion to deny a motion to vacate a default judgment on the ground of excusable neglect, where the only excuse was a business trip of the defendant’s attorney taking him outside the state, the attorney having had thirteen days in which to prepare a demurrer to a complaint which he claimed failed to state a cause of action, and the answer prepared containing nothing but denials and admissions, and no excuse being offered for not appearing within the thirteen days.</p> <p>Sales — Conditional Sales — Waives of Condition — Passing of Title. Where the vendor in a conditional sale of a piano, after payments are made, elects to declare the whole sum due and recovers personal judgment against the vendees for the balance unpaid, the vendor waives his interest in the piano and the title vests in the vendees; and an allegation of a sale thereafter by the vendees to another, for value, sufficiently shows title in such other.</p> <p>Pleadings — Waiver of Objections — Aider by Judgment — Defaults. Technical objections to a complaint that might have been taken by demurrer or motion are waived by default in appearance, and the complaint will be liberally construed after judgment, although the judgment was by default.</p>