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37 Wash. 529

Pedigo v. Fuller

Washington Supreme Court

Decided March 22, 1905

Washington Supreme Court · decided 1905-03-22

, entered July Id, 1903, and September 26, 1903, denying defendants’ motions to vacate a judgment and to reconsider the former ruling.

Relies on Brown v. Davis

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1905-03-22

How this case has been cited

Cited by 6 later decisions — most recently May 1931

6 state decisions

401905191019201930decided

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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Hadley, J.

¶1This is an action foreclosing a general tax lien. Judgment by default was entered August 31, 1900. Nearly three years afterwards, on June 8, 1903, certain *530of the defendants filed a motion to vacate the order of default and the judgment. The motion was denied on July 14, 1903. Thereafter, on September 22, of the same year, said defendants filed a so-called petition for a reconsideration of the order denying the motion to vacate. The court refused to grant the petition on September 26. Thereafter on October 9, said defendants served notice of appeal from the order of July 14, and also' from the order of September 26, refusing to reconsider the first order. Respondent moves to dismiss the appeal, for the reason that it was not taken in time.

¶2It will be seen that, when the appeal Was taken, more than thirty days had elapsed since the'entry of the order denying the motion to vacate. This being a tax foreclosure proceeding, the point raised is the same as that considered by this court in Brown v. Davis, 36 Wash. 135, 78 Pac. 779. We there held that an appeal from an order denying a motion to vacate a tax foreclosure judgment is governed, as to- the time of taking it, by the provisions of the revenue statute, and must be taken within thirty days. The same rule applies here unless, for reasons hereinafter stated, this case should be distinguished from the one cited.

¶3It will be remembered that, some time after the entry of the. order denying the motion to vacate, a petition for the reconsideration of that order was presented and denied. Did the petition and last order have the effect to- enlarge the time for appeal from the order denying the vacation ? We think not. The petition for reconsideration was an effort to get the court to vacate the order by which it denied the vacation of the judgment. A decision upon the petition involved the same legal questions that were decided upon the motion to vacate. The proceeding by the petition for reconsideration is unknown to our practice, so far as we are informed. If such a proceeding could have the effect to enlarge the time for appeal from such an order, *531then another petition to reconsider the denial of the first one could he presented, with still others to follow. Thus the time for appeal could he indefinitely extended. Such cannot he the law. The time for appeal began to run when the order denying the vacation of the judgment was made, and it was not extended by the subsequent proceedings.

¶4For the foregoing reasons the appeal is dismissed.

¶5Mount, C. J., Dunbar, Root, Rudkin, and Crow, JJ., concur.

Fullerton, J.

¶6(dissenting) — The appeal was taken within ninety days from the entry of the order overruling the motion to vacate, and was, as I read the statute1, within time. The case should have been heard upon its merits.

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