Reitmeir v. Siegmund
Washington Supreme Court
Appeal from Superior Court, Spokane County.— Hon. James Z. Moore, Judge. From the showing made upon the petition for vacation of a default judgment obtained in the case of Lizzie Siegmund et al. v. John Reitmeir et al., in the superior court of Spokane county, it appeared that the summons in the action had been handed by John Reitmeir to his attorney, Adolph Munter, who by mistake entered upon his calendar a notation for answer on March 16, instead of March 8, 1895. Default…
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Appeal from Superior Court, Spokane County.— Hon. James Z. Moore, Judge. From the showing made upon the petition for vacation of a default judgment obtained in the case of Lizzie Siegmund et al. v. John Reitmeir et al., in the superior court of Spokane county, it appeared that the summons in the action had been handed by John Reitmeir to his attorney, Adolph Munter, who by mistake entered upon his calendar a notation for answer on March 16, instead of March 8, 1895. Default was entered in the cause for want of answer, and defendants instituted this proceeding to vacate the judgment by…
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, C. J.
This appeal was from an order which set aside a default and gave the defendants leave to answer. Respondents moved to dismiss on the ground that an appeal would not lie from such order.
We held in Freeman v. Ambrose, 12 Wash. 1, (40 Pac. 381), that an order of this kind, when made upon motion in the original action, was not appealable. But it is claimed by the appellants that from the fact that this order was made in an original proceeding instituted for the purpose of having the judgment vacated, it does not come within the rule announced in…
2Cases cited1 opinion
- Freeman v. AmbroseWashington Supreme Court · 1895
3Cited by14 opinions
- White v. HolmWashington Supreme Court · 1968
- Thompson v. RobbinsWashington Supreme Court · 1903
- Chehalis Coal Co. v. LaisureWashington Supreme Court · 1917
- Nelson v. DennyWashington Supreme Court · 1901
- Freiría & Co., S. en C. v. R. Félix Hermanos & Co.Supreme Court of Puerto Rico · 1914
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