Seaton v. Cook

Citations

• 45 Wash. 27
• 87 P. 914
• 1906 Wash. LEXIS 915

Syllabus

<p>Venue — Jurisdiction After Motion for Change — Waiver. Objection to tbe jurisdiction of tbe court, after its refusal to grant a change of venue to the county of defendant’s residence, is waived by a general appearance asking leave to file a demurrer,’ also by motion to vacate a default judgment, and also by a motion for a new trial on the ground of accident and surprise.</p> <p>New Trial — Conditions—Discretion. It is not an abuse of discretion to impose costs upon granting defendant a new trial for accident or surprise whereby he failed to appear at the trial, where the court had once before vacated a default judgment at his instance; and such action cannot be reviewed except for abuse of discretion.</p>