Norris v. Campbell
Norris v. Campbell
Opinion of the Court
This is an action to recover the possession of real property under the statute of forcible entry and detainer. To the' complaint of the respondents the appellants answered, putting in issue certain of its allegations and pleading affirmative matter in defense. The respondents moved to malee the answer more definite and certain, which motion the court granted after notice and
“Please take notice that the defts. hereby appeal to> the supreme court of the state of Washington from an order, decree, and judgment of this court in the said cause refusing to vacate and set aside the judgment rendered and entered herein, and for refusing to grant a new trial, and from each and every part thereof. Such judgment having been rendered and entered Sept. 13, 1900, and Sept. 17, 1,900, and the motion for new trial overruled Sept. 17, 1900.”
It is contended that this is an appeal from the judgment, and brings up for review the various orders made by the trial court prior to and leading up to judgment. But, clearly, it is not an appeal from the judgment. It is but an appeal from the order of the court refusing to vacate the judgment, and brings here for review only the correctness of that order. On this branch of the case one question is presented, — did the court err in entering judgment without notice to the appellants? The claim of error is founded upon that section of the statute (§ 4886, Balling-er’s) which provides that a defendant, after an appearance,
Affirmed.
Reference
- Full Case Name
- J. H. Norris et ux. v. W. G. Campbell et ux.
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- VACATION OF JUDGMENT-NOTICE OF APPEAL -— SUFFICIENCY FOB REVIEW OF ORIGINAL JUDGMENT. Notice of appeal which recites that it is “from an order, decree, and judgment . . . refusing to vacate and set aside the judgment rendered and entered herein, and for refusing to grant a new trial, and from each and every part thereof. Such judgment having been rendered and entered Sept. 13, 1900, andj Sept. 17, 1900, and the motion for new trial overruled Sept. 17, 1900,” is sufficient only for the review of the action of the court in refusing to vacate the original judgment; and does not bring up for review the orders made by the court prior to such original .judgment. •PARTIES-EIGHT TO NOTICE OF PROCEEDINGS-EFFECT OF DEFAULT. Bal. Code, § 4886, which provides that defendant, after appearance in an action, is entitled to notice of all subsequent proceedings, is not applicable where defendant has been adjudged to be in default, and hence notice of proceedings subsequent to • default is unnecessary.