Pacific Coast Paper Mills v. Pacific Mercantile Agency

(dissenting) — I dissent.

The attack upon this judgment was made promptly after discovery. A direct attack upon a judgment, either upon the ground of lack of service or fraud by the successful party, not discovered until more than a year after the entry of the judgment, may be made at any time, if made promptly after discovery of the fraud. State ex rel. Prentice v. Superior Court, 86 Wash. 90, 149 Pac. 321; Chehalis Coal Co. v. Laisure, 97 Wash. 422, 166 Pac. 1158; Bates v. Glaser, 130 Wash. 328, 227 Pac. 15.

The vacation of default judgments rests within the sound discretion of the trial…