Pringle v. Pringle
Washington Supreme Court
Appeal from an order of the superior court for Mason county, Mitchell, J., entered January 23, 1909, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to vacate a decree of divorce.
1Per curiam
We are met at the threshold of this case with a motion to dismiss the appeal. It is urged that the order from which the appeal is prosecuted is not final. It is *94true that no order of dismissal was entered by the court below, but the order made (from which we will hereafter quote) was effectual to conclude the rights of the appellant. The order does not involve the merits of the controversy so as to be reviewable on appeal from a final judgment. The finality of an order should be determined by its legal effect rather than by reference to its form, and when so considered the order of the court…
2Cases cited4 opinions
- Graham v. GrahamWashington Supreme Court · 1909
- Holcomb v. HolcombWashington Supreme Court · 1909
- McBlain v. McBlainCalifornia Supreme Court · 1888
- Cottrell v. CottrellCalifornia Supreme Court · 1890
3Cited by12 opinions
- Robinson v. RobinsonWashington Supreme Court · 1914
- Miller v. MillerNorth Dakota Supreme Court · 1949
- Mosbrucker v. Greenfield Implement, Inc.Court of Appeals of Washington · 1989
- State ex rel. Lloyd v. Superior CourtWashington Supreme Court · 1909
- Van Gelder v. Van GelderWashington Supreme Court · 1910
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