Nelson v. Denny

The opinion of the court was delivered by

Dunbar, J.

This is an appeal from an order vacating a judgment, and respondents move to dismiss the appeal on the ground that such order is not appealable. We decided in Lilienthal v. Wright, 1 Wash. 1 (23 Pac. 801), and Gower v. Gower, 1 Wash. 16 (24 Pac. 29), that an order of the district court vacating a judgment was not subject to review in the supreme court, and therefore not appealable. These decisions were, however, prior to the law of 1893, which provides (Laws 1893, p. 119, § 1, subd. 1), that an appeal may be taken from an order granting a new…