Winstone v. Winstone

Citations

• 40 Wash. 272
• 82 P. 268
• 1905 Wash. LEXIS 976

Syllabus

<p>Judgments — Action in Equity to Set Aside — Grounds. An action to vacate a. judgment will not he entertained on the ground of the neglect of the attorney in failing to notify the client of the date of the trial, when it does not appear heyond a reasonable doubt that the trial court abused its discretion in refusing to vacate the judgment and grant a new trial.</p> <p>Same — Decree oe Divorce — Vacation. A decree of divorce will not he vacated except for the specific canses provided by law, proved and found by a court of undoubted jurisdiction over the subject-matter and the parties.</p> <p>New Trial — Denial—Failure to Appeal From Order — -Estoppel in Subsequent Proceeding. Where a motion for a new trial on the ground of the neglect of the attorney was presented by new attorneys, and denied, and no appeal was taken, it is proper to dismiss an action to vacate the judgment, based on the same grounds presented in the motion for a new trial.</p>