Washington Reports Volume 111 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...was said: "The judgment shows upon its face that the defendants had been served as required by law. In order to avoid the judgment, it devolved upon the respondent to show that no legal service was made, and that the court had no jurisdiction." The doctrine thus established has been followed by this court in a great many cases. It follows, therefore, that the judgment here is not necessarily void simply because the afiidavit in the record, and upon which publication of summons was based, is fatally defective. But the testimony showed that appellant was at all times a nonresident of the state, and the petition for the vacation of the judgment alleged that, at all times, she was a nonresident of the state, and "that the complaint in said action was filed January 15, 1919, summons by publication commenced May 6, 1919, and no July 1920 Opinion Per Bamoas, J. service was made upon this defendant therein other than by said service of publication," and the answer to this petition admitted that allegation of the petition. We think that the petition and the answer thereto read together show conclusively that the only attempt to bring the petitioner into court in the original case was by virtue of the published summons, based upon the defective affidavit. It is true that, after this answer was filed and served, the respondent asked permission of the court to withdraw it for the purpose of interposing a demurrer, and that a demurrer was interposed; but the record does not show any disposition of the demurrer, but does show that the case proceeded to trial upon its merits by the taking of oral testimony. Manifestly, the demurrer was waived and the case was heard upon the petition and answer. In no event was the demurrer well...