Pacific Telephone and Telegraph Co. v. Henneford

BEALS, J. -- Appellants, the tax commissioners of the state of Washington, May 16, 1939, filed herein their motion for an order permitting them to interpose, before the superior court for Thurston county, a motion for an order vacating the decree entered by that court in the above entitled cause, May 9, 1938, which decree was, on appeal, affirmed by this court, July 29, 1938. Pacific Tel. & Tel. Co. v. Henneford, 195 Wash. 553, 81 P.2d 786. Appellants also ask that the order which they seek, if granted, be dated nunc pro tunc as of May 1, 1939. Appellants motion was supported by the affidavit of one of appellants counsel, and was served upon respondent and noted for hearing. Briefs were filed by the respective parties, and the matter submitted to the court, after oral argument.