Legal Opinion

City of Spokane Falls v. Curry

Washington Supreme Court

Decided July 8, 1891No. 228PublishedCited by 34 opinions

Appeal from Superior Court, Bpolcane County, Action by A. P. Curry against the city of Spokane Falls to recover for services as police justice. Judgment for plaintiff by default on defendant’s failure to answer. Motion by defendant to set aside the judgment on the ground that he failed to answer because he thought the city had no meritorious defense, but subsequent to default he had learned that the city had what he believed to be a good, sufficient and legal defense.

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Appeal from Superior Court, Bpolcane County, Action by A. P. Curry against the city of Spokane Falls to recover for services as police justice. Judgment for plaintiff by default on defendant’s failure to answer. Motion by defendant to set aside the judgment on the ground that he failed to answer because he thought the city had no meritorious defense, but subsequent to default he had learned that the city had what he believed to be a good, sufficient and legal defense. Motion denied.

1Opinion of the Court

The opinion of the court was delivered by

Stiles, J.

— Respondent obtained a default judgment against the appellant, and subsequently, upon affidavit of its city attorney, the latter sought to have the judgment set aside, and to be permitted to appear and defend. The motion to set aside was denied, and the appeal is here upon *542two grounds, viz.: (1) Error in refusal to set aside the judgment upon the ground mentioned; and (2) error in entering judgment pro confesso, where no copy of the complaint had been served on the defendant. Upon the first ground we cannot interfere, as it was within the…

2Cited by34 opinions

  1. Gray v. EsslingerNew Mexico Supreme Court · 1942
  2. Burton's v. MansonSupreme Court of Virginia · 1925
  3. Sanchez v. GomezNew Mexico Supreme Court · 1953
  4. Kinetics, Inc. v. El Paso Products Co.New Mexico Court of Appeals · 1982
  5. Timberlake's Administrator v. PughSupreme Court of Virginia · 1932

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