O'Toole v. Phoenix Insurance
Washington Supreme Court
Appeal from an, order of the superior court for Thurston county, Linn, J., entered July 14, 1904, refusing a new trial, after a judgment entered upon the verdict of a jury, upon the failure of defendant to appear.
1Opinion of the CourtCrow, J.
This appeal is prosecuted to reverse the action of the superior court of Thurston county, in refusing to vacate and set aside a judgment entered upon the verdict of a jury, after trial had in the absence of appellant and its counsel. The grounds upon which relief was sought, were mistake, inadvertence, and surprise.
The record shows the following facts, which axe undisputed, and which are urged by appellant in support of its motion: This action was instituted by respondent, John O’Toole, against the Phoenix Insurance Company of Hartford, Connecticut, appellant, upon certain fire insurance…
2Cases cited2 opinions
- Hull v. ViningWashington Supreme Court · 1897
- Titus v. LarsenWashington Supreme Court · 1897
3Cited by4 opinions
- White v. HolmWashington Supreme Court · 1968
- Douglas v. Badger State MineWashington Supreme Court · 1905
- Old Colony Insurance Company v. W. R. Anderson, D/B/A Duke Anderson Drilling CompanyCourt of Appeals for the Tenth Circuit · 1957
- Seaton v. CookWashington Supreme Court · 1906