Wilson v. McGillivray

Citations

• 58 Wash. 291
• 108 P. 620
• 1910 Wash. LEXIS 931

Syllabus

<p>Appeal—Decisions Reviewable—Vacation oe Default—Finality. An order quashing the service of summons and vacating a default judgment, leaving the case pending for further proceedings, is not appealable, as it can be reviewed on appeal from the final judgment.</p> <p>Same—Finality oe Order. Where the record shows that defendant is out of the state and cannot he served, an order quashing service of summons and opening a default does not in effect determine the action and prevent final judgment, where it does not appear that substituted service by publication and attachment could have been had; since finality of the order must appear on the face of the record.</p> <p>Certiorari—When Lies—Orders Reviewable on Appeal. A writ of certiorari does not lie to review an order that is not appealable because reviewable upon appeal from the final judgment.</p>