Sturgiss v. Dart

Citations

• 23 Wash. 244
• 62 P. 858
• 1900 Wash. LEXIS 356

Syllabus

<p>JUDGMENT — VACATION—PROCEDURE—MOTION.</p> <p>Where a defendant seeks to have a judgment vacated because it appears on the face of the record that no service of summons was made upon him, his application therefor is governed by Bal. Code, § 4880, which provides that if the summons, is not served personally on the defendant, he may, on application and sufficient cause shown, be allowed to defend after-judgment, within one year after its rendition, on such terms as, may be just; and such application may properly be made by motion and served in the manner prescribed for the service-of motions; and the defendant is not compelled to resort to the-procedure prescribed by Bal. Code, §§ 5156, 5157, when it is. sought to vacate a judgment under the provisions of § 5153, Id.</p> <p>APPEAL-ORDER QUASHING WRIT OE EXECUTION-MATTERS REVIEWABLE.</p> <p>The provisions of Bal. Code, § 6500, subd. 7, which allow am appeal from any final order made after judgment, which affects a substantial right, which appeal shall bring up for review any previous order in the same action which involves the merits and necessarily affects the order appealed from, does not authorize the review of an order vacating a judgment, when the appeal is from an order quashing a writ of execution which, had been issued on the vacated judgment.</p> <p>MOTION TO VACATE JUDGMENT-SERVICE UPON ATTORNEYS.</p> <p>Under the statutes, and practice of this state, the authority of an attorney to represent his client does not cease with the-rendition of judgment merely, but continues until he has-, obtained for his client a judgment not subject to vacation on-motion for any of the causes especially provided by statute or-recognized by well established practice; and consequently am application for the vacation of a judgment for want of personal' service on defendant may be served on the attorney of the-adverse party, instead of the party himself, the only exception thereto falling under the express provisions of Bal. Code