76 Wash. 524 | Wash. | 1913
This is an appeal from an order denying a motion to quash an order entered ex parte modifying a judgment which had been affirmed by this court, and from the order modifying the judgment.
The case on appeal is reported in 71 Wash. 469, 128 Pac. 1069. This appellant was not a party to the original proceeding in the court below or in this court, except that the judgment of this court ran against it as surety for the costs upon appeal. The final disposition of the case in this court was that the judgment “is affirmed.”
The respondent made no application in this court to have its judgment extended to include the appellant. It was the duty of the court below to carry out the judgment of this court. It had no power to do otherwise. The amended judgment against the appellant was a nullity. Rem. & Bal. Code, § 1741 (P. C. 81 § 1235) ; State ex rel. Wolferman v. Superior Court, 8 Wash. 591, 36 Pac. 443; State ex rel. Jefferson County v. Hatch, 36 Wash. 164, 78 Pac. 796; German-American State Bank v. Sullivan, 50 Wash. 42, 96 Pac. 522.
The judgment of the lower court amending the former judgment and the order of the court refusing to vacate it are reversed, with directions to vacate the amended judgment.
Crow, C. J., Chadwick, Ellis, and Main, JJ., concur.