Swasey v. Mikkelsen

Citations

• 65 Wash. 411
• 118 P. 308
• 1911 Wash. LEXIS 940

Syllabus

<p>Judgment — Default—Entry—Necessity of Motion. The filing of a motion for default, within the rule of court that a default shall be deemed claimed whenever the motion is filed, is for the convenience of the court and may be waived, and is not essential to the validity of a default judgment entered upon affidavits claiming the same.</p> <p>Judgment — Default—Wacation—Discretion — Evidence — Sufficiency. It is not an abuse of discretion to refuse to open a default judgment upon the affidavit of the defendant that he was misled by the plaintiff by promise to settle out of court, where the evidence is conflicting, and the plaintiffs counter affidavit indicating that no such promise was made is not contradicted, and other admitted circumstances corroborate the plaintiff.</p> <p>Judgment — Default—Vacation—Gkounds. The sickness of defendant’s wife is not a sufficient excuse for opening a default judgment, where it appears that it did not prevent defendant from attending to business or employing an attorney.</p>