¶1(dissenting) — I dissent. The rules governing the right of appeal are fixed by statute. The statute in plain terms provides that an appeal from an order refusing to vacate a judgment may be taken at any time within ninety days after the entry of the order, and I see no more reason for refusing to follow the mandate of the statute in this ease than in any other. Courts should not be over zealous in searching for reasons for the dismissal of appeals. The purpose of an appeal is to have a review of a oause upon its merits, and the construction of the statutes should be with a view to accomplish that end, rather than to dispose of them without such review.
36 Wash. 135
Brown v. Davis
Decided December 10, 1904
Washington Supreme Court · decided 1904-12-10
, entered June 10, 1904, after a hearing upon affidavits before the court without a jury, denying defendant’s motion to vacate a judgment foreclosing a tax lien.
Cited by 5 later decisions — most recently October 1909
5 state decisions
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1904-12-10
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