State v. Washington Dredging & Improvement Co.

Citations

• 43 Wash. 508
• 86 P. 936
• 1906 Wash. LEXIS 739

Syllabus

<p>Judgment — Vacation—Jurisdiction—Mode op Procedure — Cancellation op Tide Hand Contract. Upon, a motion to vacate a judgment cancelling a state contract to purchase tide lands, entered in a proceeding instituted by application to the commissioner of public lands, in which all the parties are before the court, the court has jurisdiction although the application to vacate was by motion and not by petition as required in ordinary actions, by Bal. Code, § 5153; especially where the adverse party was served with notice, making only a special appearance and taking no appeal from the judgment of vacation; and especially where the judgment was the third and last disposition of the case.</p> <p>• Judgments — Vacation—Collateral Attack. That a judgment affected lands not in controversy between tbe parties, is not ground for a collateral attack upon tbe vacation of tbe judgment.</p> <p>Same — Jurisdiction—Vacation. If a court is without jurisdiction to enter a judgment wbicb it subsequently vacated, it is immaterial whether it acted without jurisdiction in vacating it.</p> <p>States — Cancellation of Instruments — Actions— Conditions Precedent — Tender of Monet Paid. The state may commence an action to cancel a contract for the sale of tide lands without first tendering repayment of an installment paid by the purchaser on the contract, since the state officers had no authority to draw a warrant therefor, and could only consent that the defendant take judgment against the state for the amount paid.</p>