Strunz v. Hood

Citations

• 44 Wash. 99
• 87 P. 45
• 1906 Wash. LEXIS 794

Syllabus

<p>Boundaries — Establishing Lost Corners — Appointment or Commissioner — Report—Exceptions—Evidence Contradicting Report— Exclusion. In a proceeding to reestablish a lost corner by a survey, it is not error, upon receiving the report of the commissioner appointed to make the survey, to refuse to admit additional evidence as to whether the monuments were lost, and contradicting the report in that particular, where that issue had been previously determined before the appointment of the commissioner.</p> <p>Same — Method or Reestablishment — Following Conceded Monuments and Field Notes. In a proceeding to reestablish a lost corner by a survey, if the actual location of the monuments can be ascertained, it is the duty of thp surveyor to relocate the lost corner by following the government field notes, proceeding from conceded monuments and corners.</p> <p>New Trial — Newly Discovered Evidence — Sufficiency. A new trial for newly discovered evidence as to the location of a lost corner is properly denied where such evidence is vague and indefinite.</p> <p>Judgment — Default—Vacation—Sufficiency of Showing. A motion to vacate a default judgment entered in a proceeding to establish a lost corner is properly denied where, upon the showing made, it appears that the corner was lost and defendant’s evidence as to its location was too indefinite to warrant findings in support of his contention.</p> <p>Judgment — Default — Right to Vacation. Under Bal. Code, §§ 4878, 4879, a nonresident defendant is not entitled to have a default set aside, and to defend as a matter of right at any time before judgment, except upon sufficient cause shown.</p> <p>Same — Boundaries—Action to Establish. An action to have a lost corner established by survey is not an action for the recovery of real property, within the meaning of Bal. Code, § 5518, allowing 1 nonresident defendant to appear after default and defend at any time before judgment.</p> <p>Costs — Boundaries—Action to Establish. In an act