Gould v. Austin

CourtUnited States State Supreme Court of Washington
Writing for the Court[52 Wash. 458] FULLERTON, J.
Citation100 P. 1029,52 Wash. 457
PartiesGOULD et al. v. AUSTIN.
Decision Date07 April 1909

100 P. 1029

52 Wash. 457

GOULD et al.
v.
AUSTIN.

Supreme Court of Washington

April 7, 1909


Appeal from Superior Court, King County; George E. Morris, Judge.

Action by H. M. Gould and another against Annie L. Austin. Motion to vacate findings and judgment for defendant was denied, and plaintiffs appeal. Affirmed.

H. H. Eaton and Sullivan & Stevens, for appellants.

McCafferty & Godfrey and Stephen V. Carey, for respondent.

[52 Wash. 458] FULLERTON, J.

The appellants sued the respondent to quiet title to real property. Issue was taken on the complaint and a trial was had on January 8, 1908, the minutes of which the clerk recorded in his journal in the following language: 'This cause comes on regularly for hearing this day; plaintiff appearing in person and by counsel, H. H. Eaton, E. P. Christenson, and A. C. McDonald, Esqs.; defendant appearing in person and by counsel, Messrs. McCafferty & Godfrey and S. V. Carey, Esq. Defendant's motion for judgment on pleadings is denied. Exception allowed. Plaintiffs' Exhibits A and B, two deeds, and Plaintiffs' Exhibit C, files in cause No. 30,641, are filed. H. H. Eaton and F. P. Christenson are sworn and examined on behalf of the plaintiffs. Plaintiffs rest. Defendant's motion for judgment of dismissal is granted. Exception allowed to plaintiff.' On February 29, 1908, the court made and caused to be filed findings of fact and conclusions of law, in which it was found and concluded that the appellants had no title to the property in virtue of the deed under which they claimed, but that such deed was a cloud upon the respondent's title, and that respondent was entitled to a judgment quieting her title to the property against the claim of the appellants, and to an order canceling of record the deed under which they claimed title. A judgment was entered on the same day in accordance with the findings and conclusions so made. On March 10th thereafter the appellants moved to set aside and vacate the findings and judgment so entered on the grounds that the same were contrary to the court's ruling and decision at the conclusion of the trial of the cause, that the findings and judgment were procured to be signed without notice to them, and that the findings and judgment were made and entered through inadvertence on the part of the court. The motion to vacate was denied, and this appeal was taken therefrom as well as from the judgment entered.

[52 Wash. 459] The statement of facts contains the proceedings occurring subsequent to the judgment only. These do not support in their entirety the facts assumed to exist by the recitals in the motion. It does not appear that the findings and judgment were made without notice to the appellants. On the contrary, proposed findings were served upon them, and the question of their propriety and sufficiency was the subject of a hearing at which the appellants appeared and contested the right of the court to make findings at all, as well as the propriety of making the particular...

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22 practice notes
  • Mortimer v. Pacific States Sav. & Loan Co., 3395.
    • United States
    • Nevada Supreme Court of Nevada
    • February 3, 1944
    ...clerk. State v. Bell, 34 Wash. 185, 75 P. 641; Hanley v. Most, 9 Wash.2d 429, 115 P.2d 951, 118 P.2d 946; [145 P.2d 736] Gould v. Austin, 52 Wash. 457, 100 P. 1029, 1030. In the above case the court said: "The rule in this state is that, where there is a conflict between the clerk's minute ......
  • State ex rel. Northeast Transp. Co. v. Superior Court of King County, 26814.
    • United States
    • United States State Supreme Court of Washington
    • April 4, 1938
    ...render the decree erroneous unless it affirmatively so appears therefrom. Slyfield v. Willard, 43 Wash. 179, 86 P. 392; Gould v. Austin, [52 Wash. 457] 100 P. 1029.' Clambey v. Copland, 52 Wash. 580, 100 P. 1031, 1032. In holding that findings of fact are not necessary in equity, therefore,......
  • Jackson v. State, No. 9383
    • United States
    • Idaho Supreme Court
    • May 22, 1964
    ...a conflict. Campbell v. Timmerman, 139 Ill.App. 151; Mortimer v. Pac. States Sav. & Loan Co., 62 Nev. 142, 145 P.2d 733; Gould v. Austin, 52 Wash. 457, 100 P. 1029; McFadden v. McFadden, 22 Ariz. 246, 196 P. The district court is a court of record and its records imports verity. Pac. Financ......
  • Rapp v. Ellis, 28568.
    • United States
    • United States State Supreme Court of Washington
    • September 28, 1942
    ...actions in which the record on appeal contained no statement of facts, but findings of fact and conclusions of law only: Gould v. Austin, 52 Wash. 457, 100 P. 1029; Yakima Grocery Co. v. Benoit, 56 Wash. 208, 105 P. 476; Architectural Decorating Co. v. Nicklason, 66 Wash. 198, 119 P. 177; B......
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22 cases
  • Mortimer v. Pacific States Sav. & Loan Co., 3395.
    • United States
    • Nevada Supreme Court of Nevada
    • February 3, 1944
    ...clerk. State v. Bell, 34 Wash. 185, 75 P. 641; Hanley v. Most, 9 Wash.2d 429, 115 P.2d 951, 118 P.2d 946; [145 P.2d 736] Gould v. Austin, 52 Wash. 457, 100 P. 1029, 1030. In the above case the court said: "The rule in this state is that, where there is a conflict between the clerk's minute ......
  • State ex rel. Northeast Transp. Co. v. Superior Court of King County, 26814.
    • United States
    • United States State Supreme Court of Washington
    • April 4, 1938
    ...render the decree erroneous unless it affirmatively so appears therefrom. Slyfield v. Willard, 43 Wash. 179, 86 P. 392; Gould v. Austin, [52 Wash. 457] 100 P. 1029.' Clambey v. Copland, 52 Wash. 580, 100 P. 1031, 1032. In holding that findings of fact are not necessary in equity, therefore,......
  • Jackson v. State, No. 9383
    • United States
    • Idaho Supreme Court
    • May 22, 1964
    ...a conflict. Campbell v. Timmerman, 139 Ill.App. 151; Mortimer v. Pac. States Sav. & Loan Co., 62 Nev. 142, 145 P.2d 733; Gould v. Austin, 52 Wash. 457, 100 P. 1029; McFadden v. McFadden, 22 Ariz. 246, 196 P. The district court is a court of record and its records imports verity. Pac. Financ......
  • Rapp v. Ellis, 28568.
    • United States
    • United States State Supreme Court of Washington
    • September 28, 1942
    ...actions in which the record on appeal contained no statement of facts, but findings of fact and conclusions of law only: Gould v. Austin, 52 Wash. 457, 100 P. 1029; Yakima Grocery Co. v. Benoit, 56 Wash. 208, 105 P. 476; Architectural Decorating Co. v. Nicklason, 66 Wash. 198, 119 P. 177; B......
  • Request a trial to view additional results

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