Legal Opinion

Gower v. Gower

Washington Supreme Court

Decided January 23, 1890No. 593PublishedCited by 6 opinions

Appeal from District Court, Pierce County. Action by appellee in tbe district court, bolding terms at. Tacoma, to recover certain real estate. On tbe 20tb day May, 1888, tbe case came on regularly for trial before the judge at bis chambers. No proof to sustain the allegations-of tbe complaint was offered, and tbe court made its findings, and decree in favor of appellant.

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Appeal from District Court, Pierce County. Action by appellee in tbe district court, bolding terms at. Tacoma, to recover certain real estate. On tbe 20tb day May, 1888, tbe case came on regularly for trial before the judge at bis chambers. No proof to sustain the allegations-of tbe complaint was offered, and tbe court made its findings, and decree in favor of appellant. On the 6tb day of October, 1888, appellee filed a petition and motion to set aside-tbe findings and decree and to reopen tbe case, filing affidavits therewith. The judge, after hearing on tbe petition, made an order on…

1Opinion of the Court

The opinion of the court was delivered by

Anders, C. J.

The court below rendered an affirmative decree in this cause in favor of appellant, the defendant therein.

After the term of the district court at which said decree was entered, but within five months subsequent to its adjournment, the plaintiff (appellee herein) applied to the court, in the usual manner, to vacate said decree, which was accordingly done. From this order of the district court defendant appeals.

Appellee moves to dismiss the appeal for the reason that the order appealed from was not a final judgment or decision, and,…

2Cited by6 opinions

  1. Nease v. CapehartWest Virginia Supreme Court · 1874
  2. Freeman v. AmbroseWashington Supreme Court · 1895
  3. Nelson v. DennyWashington Supreme Court · 1901
  4. Byers v. DanleySupreme Court of Arkansas · 1871
  5. Greene v. WilliamsWashington Supreme Court · 1893

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