123 Wash. 70 | Wash. | 1923
The plaintiff in this action sued the Henry Gerlich Tie & Timber Company and the Pacific Slope Lumber Company on an open account. The suit was in the superior court of Clarke county. The Pacific Slope Lumber Company was represented by two attorneys residing in Portland, Oregon. After the issues were made up, the case was set for trial with the consent of counsel on both sides. Two' days before the trial, one of the attorneys for the Pacific Slope Lumber Company, on account of sickness, called by telephone one of the attorneys for the plaintiff and requested a continuance of the trial. There is some conflict as to whether or not there was any definite understanding between them at that time. The attorney for the defendant states that he understood the request
Counsel for plaintiff further says in his affidavit that he saw the necessary parties within thirty minutes, and thereupon telephoned counsel for defendant in Portland that the request for a continuance would not be granted, but would be resisted. The attorney for the defendant admits in his affidavit that, about an hour and a half after the conversation asking for the continuance, plaintiff’s attorney called him up and told him they would not agree to a continuance. The trial took place at the appointed time. The court, by a formal order, declared the non-appearance of the Pacific Slope Lumber Company, and upon the evidence introduced, entered findings and judgment in favor of the plaintiff for the full amount demanded in the complaint. The Pacific Slope Lumber Company thereafter made an application to the trial court to vacate the judgment. There were some other affidavits used on the application, but those already mentioned control the situation. Upon hearing the application, an order was entered reciting the appearance of respective counsel; the submission of the motion upon the pleadings and files in the action, and upon the affidavits for and against the motion, and oral representations of the attorneys. The application or motion to vacate the judgment was denied. The Pacific Slope Lumber Company has appealed.
This kind of an application calls in question the exercise of a sound judicial discretion on the part of
We. find no reason to disturb the order, which is hereby affirmed.