Allen v. Starr
| Decision Date | 20 November 1918 |
| Docket Number | 15043. |
| Citation | 176 P. 2,104 Wash. 246 |
| Court | Washington Supreme Court |
| Parties | ALLEN v. STARR. |
Department 1. Appeal from Superior Court, King County; Boyd J. Tallman Judge.
Proceeding by Lee M. Allen against Lida A. Starr, administratrix of the estate of Philip C. Troutman, deceased, to vacate a default judgment. From an order refusing to open and vacate the judgment, the former appeals. Affirmed.
C. S Goshert, of Seattle, for appellant.
Turner & Hartge, of Seattle, for respondent.
The appellant is seeking to have vacated a default judgment entered against him on the 9th day of November, 1916 claiming that there had never been any legal service of summons and complaint. The sheriff's return showed service by leaving a copy of the summons and complaint with the wife of the appellant, at the place of the usual abode of appellant, on October 17, 1916. No appearance having been made, default judgment was taken, and thereafter execution was issued, and the appellant's property sold to satisfy the judgment. The trial court, after hearing the evidence introduced by appellant, and that introduced by respondent refused to open and vacate the default judgment, holding that personal service had been made, as shown by the sheriff's return.
While it is true that a sheriff's return is not conclusive evidence of the facts therein stated, it is also true that after a judgment has been rendered upon proof made...
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Lakewest Condominium Owners Association v. Tokio Marine & Nichido Fire Insurance Company, Ltd., No. 62852-6-I (Wash. App. 6/1/2010)
...the party challenging service bears the burden of proving improper service by clear and convincing evidence. Allen v. Starr 104 Wash. 246, 247, 176 P. 2 (1918); Vukich v. Anderson, 97 Wn. App. 684, 687, 985 P.2d 952 (1999) (quoting Woodruff v. Spence, 88 Wn. App. 565, 571, 945 P.2d 745 (199......
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Farmer v. Davis
...by clear and convincing evidence. He relies on In re Dependency of A.G., 93 Wash.App. 268, 277, 968 P.2d 424 (1998); Allen v. Starr, 104 Wash. 246, 247, 176 P. 2 (1918); and Vukich v. Anderson, 97 Wash.App. 684, 687, 985 P.2d 952 (1999) (quoting Woodruff v. Spence, 88 Wash.App. 565, 571, 94......
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Miebach v. Colasurdo
...evidence that the service was irregular. Dubois v. Western States Inv. Corp., 180 Wash. 259, 263, 39 P.2d 372 (1934); Allen v. Starr, 104 Wash. 246, 247, 176 P. 2 (1918). Based on the facts before it, the trial court did not err in concluding that the foster daughter was a person of suitabl......
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Leen v. Demopolis
...of service, the judgment should be set aside only upon convincing evidence that the return of service was incorrect. Allen v. Starr, 104 Wash. 246, 247, 176 P. 2 (1918). An affidavit of service that is regular in form and substance is presumptively correct. Lee v. Western Processing Co., 35......
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Table of Cases
...145 (1948): 51.7(2) Allen v. Saccomanno, 40 Wn.2d 283, 242 P.2d 747 (1952): 9.6(11)(b), 9.7(11)(a), 44.1.3, 44.1.7(5) Allen v. Starr, 104 Wash. 246, 176 P. 2 (1918): 4.6(7), 4.7(7) Allied Daily Newspapers of Wash. v. Eikenberry, 121 Wn.2d 205, 848 P.2d 1258 (1993): 26.6(3)(a) Allied Fin. Se......
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§4.6 Analysis
...completed to avoid overlooking it. An affidavit of service that on its face conforms to CR 4(g) is presumptively valid. Allen v. Starr, 104 Wash. 246, 247, 176 P. 2 (1918). Competent evidence, however, can rebut the presumption. Lee v. W. Processing Co., 35 Wn.App. 466, 469, 667 P.2d 638 (1......