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· 7/18/1913

Richman v. Wenaha Co.

Citations

  • 74 Wash. 370
  • 133 P. 467
  • 1913 Wash. LEXIS 2060

Syllabus

<p>Judgment — Default — Notice — Appearance. Appearance in a case prior to entry of default entitles the defendant to notice of all subsequent proceedings, and it is therefore technical error to grant the default without notice.</p> <p>Judgment — Vacation—Discretion. Technical error in granting a default judgment does not establish abuse of discretion in refusing to open the default, unless the error was prejudicial.</p> <p>Corporations — Actions—Venue—Jurisdiction. Under Rem. & Bal. Code, § 206, providing in what counties an action may be brought against a corporation, the court has no jurisdiction to enter judgment where the action was brought in the wrong county.</p> <p>Judgment — Vacation—Abuse of Discretion. It is an abuse of discretion to refuse to open a default judgment entered after motion for change of venue showing that the court had no jurisdiction, although the application for change of venue was not made until after the motion for default.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • in reviewing summary judgment, appellate court considers “only evidence and issues called to the attention of the trial court”
  • purpose of the limitation in RAP 9.12 is to effectuate the rule that appellate court engages in the same inquiry as the trial court on review of summary judgment
  • “[W]e ‘will consider only evidence and issues called to the attention of the trial court.’ ” (quoting RAP 9.12)
  • we only consider evidence called to the attention of the trial court.

Source: CourtListener parenthetical corpus (CC0).

Judges: Morris

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