Wilson v. Seattle Dry Dock & Ship Building Co.

Citations

• 26 Wash. 297
• 66 P. 384
• 1901 Wash. LEXIS 643

Syllabus

<p>APPEAL ORDERS MADE AFTER JUDGMENT WHEN RE VIEW ABLE.</p> <p>Upon an appeal from an order denying a petition to set aside and vacate a judgment, the denial by the court in the same cause of an earlier petition, which asked for the same relief as the subsequent one, is not reviewable, under Bal. Code, § 6500, subd.</p> <p>7, which provides that an appeal from any final order made after judgment shall bring up for review any previous order in the same action which involves the merits and necessarily affects the order appealed from, since the statute contemplates only such previous orders as are made in the particular proceeding' in which the appeal is taken.</p> <p>SAME-APPLICATION TO VACATE JUDGMENT-DISCRETION OP COURT.</p> <p>Where, after the denial of a petition to vacate a judgment, the petitioner files another petition seeking to set aside and vacate the former order denying his application, the refusal of the court to grant the second application is not erroneous, when it appears that the prior application had been denied upon a proper hearing, that the second application was based upon the same facts, asking the same ultimate relief, that no new state of facts had arisen since the former hearing, and that petitioner was not prevented by surprise, excusable neglect, or any cause from having a fair, full and impartial hearing upon the former trial.</p> <p>JUDGMENTS VACATION -— RES JUDICATA.</p> <p>The denial of an application to set aside a judgment is a final order, from which an appeal may be prosecuted, and as such is a final determination of the matter and res judicata against any subsequent proceeding seeking the same relief:</p>