Walton v. Hartman

Citations

• 38 Wash. 34
• 80 P. 196
• 1905 Wash. LEXIS 1112

Syllabus

<p>Appeal and Error—Irregular Judgment—Necessity oe Moving Against in Trial Court. Appeal does not lie from a default judgment, irregularly entered without notice to a defendant who had appeared, where the judgment was not first moved against in the trial court.</p> <p>Same—Decision—Affirmance on Dismissal—Moving Against Default in Trial Court. Upon dismissing an appeal from an irregularly entered default judgment, because the same was not moved against in the trial court, the judgment will not be affirmed, since the trial court may in its discretion, upon a proper showing, still set aside the default upon terms.</p>