13 Wash. 323 | Wash. | 1895
The opinion of the court was delivered by
One the 22d day of November, 1890, the respondent Gunderson obtained a judgment against the appellant Cochrane for the sum of $500 and costs, with interest thereon from the said 22d day of November, at the rate of ten per cent, per annum; from which judgment the said Cochrane appealed to this court. Said appeal .was dismissed and said judgment
We do not think it is necessary to pass upon the first contention of the respondents in their motion, viz., that the order appealed frcin is not an appealable order, for we think the second contention is fully sustained, viz., that the lower court had no jurisdiction of the subject matter of the action, and not having jurisdiction of the subject matter of the action, such jurisdiction could not be conferred by consent, even if the consent of the respondents could be gathered from the record. The latter proposition is so universally
As to the first proposition — the want of authority in the superior court to in any "way interfere with the judgment of this court—it was decided by this court in the case of State, ex rel. Wolferman v. Superior Court, 7 Wash. 234 (34 Pac. 930), that the judgment of the supreme court upon an appeal from an equity cause, which by our statute is required to be tried de novo in the appellate court, cannot be modified by the superior court after the cause has been remanded. It was said by the court in that case:
“It is certainly questionable, and we very much doubt whether the superior court has authority to entertain any such petition in a law action, even, where an appeal has been taken to this court and a judgment rendered finally disposing of the case.”
That case was decided on the theory that an equity cause brings to this court the' entire case for a trial de novo upon questions of law and fact. The same reasons for holding that the judgment of the supreme court in that case should not be inquired into, qualified or set aside by the lower court attach in this case. If the petition of the appellant should be successful, the result would be a retrial of the original cause, and that was the identical question which was passed upon by this court on the motion for the affirmance of the judgment.
We held in Davis v. Fields, 9 Wash. 78 (37 Pac. 281), that an independent action or proceeding would not lie for the purpose of setting aside a judgment rendered in a former suit between the same parties, when the action was based upon the error of the court in setting aside a verdict in such suit, where no appeal was prosecuted in said former action. This is a
The motion will, therefore, be sustained, and the judgment will be affirmed with costs to the respondents.
Hoyt, C. J., and Anders, Gordon and Scott, JJ., concur.