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20 Wash. 208

Hole v. Page

Washington Supreme Court

Decided November 22, 1898

Washington Supreme Court · decided 1898-11-22

<p>DEFAULT JUDGMENT-VACATION-AFFIDAVIT OF MERITS.</p> <p>Where a judgment of default is prematurely-entered before-the expiration of the time to plead, the defendants are entitled, to have it set aside as a matter of right, without furnishing an. affidavit of merits. (Dunbar, J., dissents.)</p>

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1898-11-22

How this case has been cited

Cited by 10 later decisions — most recently April 1961

10 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Anders, J.

¶1(concurring).—-I concur in the disposition made of this case, not on the ground that the trial court did not have jurisdiction to render the judgment by default, but for the reason that, in my judgment, the showing made by appellants was sufficient to entitle them to *211have the default set side,—conceding, of course, that the court was vested with a legal discretion in the matter.

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