Spokane & Idaho Lumber Co. v. Stanley

Citations

• 25 Wash. 653
• 66 P. 92
• 1901 Wash. LEXIS 446

Syllabus

<p>JUDGMENTS-VACATION — PROCEDURE-WHEN MAY BE BY MOTION.</p> <p>An application under Bal. Code, §4953, for the vacation of a judgment upon the grounds of mistake, inadvertence, surprise, and excusable neglect is properly made by motion, since the procedure by petition for the vacation of judgments is applicable only to the particular cases set forth in Bal. Code, § 5156, which specially prescribes the procedure to be followed in those cases alone. (Whidby Land, etc., Co. v. Nye, 5 Wash. 301, explained.)</p> <p>SAME — NOTICE.</p> <p>Three days’ notice of hearing upon a motion made for the vacation of a judgment upon the grounds afforded by Bal. Code, § 4953, is sufficient, under Bal. Code, §4886a, which provides that after a party has appeared in an action he shall be entitled to three days’ notice of any trial, hearing, motion, application, or proceeding therein, since the twenty days’ notice required by Bal. Code, § 5157, upon the filing of a petition to vacate a judgment is confined only to the special proceedings pointed out in the chapter of which it forms a part. (Chehalis County v. Ellingson, 21 Wash. 638, overruled.)</p> <p>SAME-PREMATURE HEARING-HARMLESS ERROR.</p> <p>The action of the court in setting a motion for the vacation of a judgment for hearing upon the third day after service of notice thereof, while the court rules forbid the court from setting causes, except emergency cases, for hearing earlier than ten days after being noted for that purpose, will be presumed harmless error, in the absence of a showing that it resulted in prejudice.</p>