Richardson v. Richardson

Citations

• 43 Wash. 634
• 86 P. 1069
• 1906 Wash. LEXIS 760

Syllabus

<p>Appeal — Record—Affidavits—Review. Failure to bring up tbe affidavits used on tbe bearing of a motion to vacate a judgment, by bill of exceptions or statement of facts, will not require a dismissal of tbe appeal when tbe affidavits were attached to tbe motion and necessarily beard witb it and it satisfactorily appears that there was nothing else before tbe court.</p> <p>Judgment — Default—Irregularity. An order of default is irregular when tbe defendant has moved for a stay of proceedings on tbe ground of another action pending, which is a bar to tbe suit, and when no action was taken by tbe court on such motion.</p> <p>Abatement — Another Action Pending. Where upon reversing a decree of divorce as to tbe division of tbe property, tbe. lower court is required to determine tbe value of tbe property and make. a division as it existed at the time of the commencement of the action, which was not done until more than two years after the action was commenced, the pendency of an appeal from the last decree of division, with supersedeas of proceedings, is a bar to another action by the wife to recover for the use and rents of the community real property during the pendency of the action in the lower court while exclusively in possession of the husband.</p>