Legal Opinion

Sengfelder v. Powell-Sanders Co.

Washington Supreme Court

Decided December 13, 1905No. 5800PublishedCited by 4 opinions

Appeal from a judgment of the superior court for Spokane county, Poindexter, J., entered March 20, 1905, in favor of the plaintiffs, after a trial on the merits before the court 'without a jury, in an action to vacate a judgment.

1Opinion of the CourtDunbar, J.

This is an appeal from an action of the superior court of Spokane county vacating a judgment. Respondents move to dismiss the appeal, for the reason that an order vacating a judgment is not appealable. That an order vacating a judgment is not appealable is the settled law of this state. See, Freeman v. Ambrose, 12 Wash. 1, 40 Pac. 381; Nelson v. Denny, 26 Wash. 327, 67 Pac. 78. Of course, *687there might he a case where the vacation of a judgment would terminate the rights of a party, and which could not be reviewed on appeal. In such case the vacation and order vacating a judgment would he…

2Cases cited5 opinions

  1. State ex rel. Post v. Superior CourtWashington Supreme Court · 1903
  2. Freeman v. AmbroseWashington Supreme Court · 1895
  3. Nelson v. DennyWashington Supreme Court · 1901
  4. Reitmeir v. SiegmundWashington Supreme Court · 1896
  5. Post v. City of SpokaneWashington Supreme Court · 1904

3Cited by4 opinions

  1. Chehalis Coal Co. v. LaisureWashington Supreme Court · 1917
  2. Gould v. KnoxWashington Supreme Court · 1909
  3. McCausland v. BaileyWashington Supreme Court · 1908
  4. Clark v. SroufeWashington Supreme Court · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API