Sakai v. Kelley

Citations

• 66 Wash. 172
• 119 P. 190

Syllabus

<p>Judgment— Vacation — Jurisdiction — Affidavit of Merits. A motion to vacate a judgment void for want of jurisdiction need not be supported by an affidavit of merits.</p> <p>Appeal — Record—Statement of Pacts — Affidavits. An appeal from an order denying a motion to vacate a default judgment, winch, appears to have been hea'rd on affidavits, will be dismissed where the affidavits were not brought up by a bill of exceptions or statement of facts; and it is not sufficient that the defendant’s affidavit was attached to and made a part 'of the motion, where the transcript shows that there was at least one other counter affidavit considered.</p> <p>Appeal — Review— Correct Decision on Incorrect Ground. Where the record on appeal is insufficient to secure a review of an order denying the vacation of a judgment, error cannot be predicated on the fact that the order recited an insufficient legal reason for denying the motion.</p>