Belles v. Carroll
| Decision Date | 23 March 1893 |
| Citation | 6 Wash. 131,32 P. 1060 |
| Parties | BELLES v. CARROLL ET AL. |
| Court | Washington Supreme Court |
Appeal from superior court, Pierce county; Frank Allyn, Judge.
Action by Peter Belles against William Carroll and others to foreclose a mortgage. Judgment by default was entered against defendants, and they appeal. Appeal dismissed.
J. F. Ramage, for appellants.
H. G. Rowland, for respondent.
Appellants by this appeal seek to reverse a judgment alleged to have been irregularly entered against them as upon their default. The record shows that no motion was made in the court below to set aside the judgment, and, such being the case, this court will not enter into an investigation of the merits of the question as to whether or not such judgment was in fact irregularly entered, as in our opinion the appellants should have sought a remedy against such judgment, by motion or otherwise, in the court below, before coming here. As we refuse to enter into an investigation of the merits, we shall not affirm the judgment of the court below, but will simply dismiss the appeal, so that the rights of the appellants to move against the judgment in the lower court shall not be interfered with.
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C. S. Barlow & Sons v. H. & B. Lumber Co.
...or the decision, or that it is against law.' We are convinced that appellant proceeded as suggested by this court in Belles v. Carroll, 6 Wash. 131, 32 P. 1060, that the petition to set aside the decree was sufficient and appropriate under our decisions in Re Force, 113 Wash. 151, 193 P. 69......
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Gordon v. Hillman
... ... from the judgment by motion or otherwise in the lower court ... before their appearance here. Belles v. Carroll, 6 ... Wash. 131, 32 P. 1060; Main v. Johnson, 7 Wash. 321, ... 35 P. 67; State ex rel. Hennessy v. Huston, 32 Wash ... ...
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Walton v. Hartman
...motion to set the judgment aside. Not having done so, she is not in a position to have that court's action reviewed here. Belles v. Carroll, 6 Wash. 131, 32 P. 1060; State ex rel. Hennessy v. Huston, 32 Wash. 154, P. 1015; Pacific Supply Co. v. Brand, 7 Wash. 357, 35 P. 72. In the case last......
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Belles v. Miller
... ... 1051] ... [10 ... Wash. 260] Judson Applegate and J. F. Ramage, for appellant ... H. G ... Rowland and Hoxie & Richardson, for respondent ... DUNBAR, ... C.J ... Appellant, ... Miller, and William Carroll purchased from respondent certain ... lands in the city of Puyallup for the sum of $5,000, paying ... $1,000[10 Wash. 261] cash, and executed their note to Peter ... Belles for $4,000. A mortgage was also executed to Belles by ... William Carroll, Jane Carroll, and ... ...