Spokane Co-operative Mining Co. v. Pearson

Citations

• 28 Wash. 118
• 68 P. 165
• 1902 Wash. LEXIS 465

Syllabus

<p>JUDGMENTS-EQUITABLE BELIEF- — FAILURE TO DEFEND IN ORIGINAL ACTION.</p> <p>Although judgment by default has been taken against defendant in an action to which he has a good defense on 'the ground of fraud, yet equity will not interfere by injunction to restrain the judgment creditor from availing himself of such judgment, where the party who seeks the aid of equity had failed to make a proper defense at law through his own negligence.</p> <p>SAME-BIGHT TO JURY TRIAL.</p> <p>An action to enjoin defendant from enforcing a judgment against plaintiff being an independent suit for equitable relief and not an application under Bal. Code, §§ 5153-5162, for a retrial in the original action, neither party is entitled to demand a jury trial.</p>