Willlams v. Breen

Citations

• 25 Wash. 666
• 1901 Wash. LEXIS 450

Syllabus

<p>JUDGMENTS ■— VACATION-PROCEDURE — JOINDER OF CAUSES.</p> <p>The fact that the proper procedure for the vacation of a judgment upon the grounds stated in Bal. Code, § 4953, is by motion, while the procedure prescribed for the vacation of judgment for one of the causes provided in Id. § 5153 is by petition, would not preclude the applicant from presenting by way of petition his demand for relief, based upon a joinder of the causes of action provided for under those two sections of the Code.</p> <p>SAME-NECESSITY OF VALID DEFENSE-HOW DETERMINED.</p> <p>Bal. Code, § 5158, which provides that a judgment shall not be vacated on motion or petition until it is adjudged that there is a valid defense to the action- in which the judgment was rendered, does not contemplate a trial upon the merits, but merely that the court shall find that the facts alleged constitute a defense to the cause of action upon which the judgment is founded and that there is substantial evidence in support thereof.</p>