6 Wash. 553 | Wash. | 1893
The opinion of the court was delivered by
The judgment in this case was rendered under the authority of §1665, Code of Procedure, for
The other question presented by the record is as to the sufficiency of the showing made by the defendants upon their motion to vacate and set aside such judgment. Motions of this character are directed to the discretion of the trial court, and its action in passing thereon will not be reversed by this court unless the record shows an abuse of such discretion. It is not sufficient that we should find as a matter of fact that the showing was sufficient to have justified the setting aside of the judgment. We must further find that the showing was such that there was no room for the exercise of discretion by the lower court before we can rightfully interfere. The showing made in this case does not furnish proof which so satisfies our minds. The motion when first made, the day after the rendition of the judgment, was accompanied by no showing whatever, and it is doubtful whether, as á matter of right, the defendants’ showing thereafter made and filed without express leave of the court was entitled to any considera
The judgment and order appealed from must be affirmed.
Dunbar, C. J., and Stiles, Anders and Scott, JJ., concur.