Brandt v. Little
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Prater, J., entered March 27, 1907, upon sustaining' a demurrer to the complaint, dismissing an action to vacate a judgment.
1Opinion of the CourtBoot, J.
This is an action in equity to vacate a judg-
ment, upon the ground that in the original action no summons, complaint, nor any process of any kind was served upon this plaintiff, who was one of the defendants therein. A. demurrer was sustained to the complaint, upon the ground that it did not allege that appellant had a defense upon the merits to the original suit. Appellant electing to stand upon his complaint, a judgment of dismissal was entered, and from this the present appeal is prosecuted.
It is urged by appellant that, in an action to set aside a judgment obtained without jurisdiction,…
2Cases cited15 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
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- Wiley v. PrattIndiana Supreme Court · 1864
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