McLean v. Lester
| Decision Date | 09 January 1908 |
| Citation | 93 P. 208,48 Wash. 213 |
| Parties | McLEAN v. LESTER et al. |
| Court | Washington Supreme Court |
Appeal from Superior Court, King County; A. W. Frater, Judge.
Action by Christine McLean against Lesette E. Lester and others. From a judgment for plaintiff, defendants appeal. Affirmed.
William C. Keith, for appellants.
Ira A Campbell, for respondent.
This action was brought by the respondent to set aside a judgment foreclosing a delinquent tax certificate, and also a tax deed based thereon. Upon a trial a judgment was entered as prayed for in the complaint. The defendants appeal.
It is necessary to notice but one of the questions presented because upon that question alone the judgment appealed from must be affirmed. It appears that in the proceedings to foreclose the delinquent tax certificate service was attempted to be made upon the defendants by publication. No other service was made. The summons, as published in that case, notified the defendants Upon this summons a judgment of default was entered, and the lot in question sold. The summons did not state the year when the defendants in that action were required to appear. Under repeated rulings of this court this summons was too indefinite and uncertain to base a judgment of default upon. Owen v. Owen, 41 Wash. 642, 84 P. 606, and cases there cited.
Appellants argue that the date of the newspaper and the fact that the certificate of delinquency was issued in the year 1904 are sufficient to make the summons definite. The date of the newspaper is no part of the summons, nor does the fact that the certificate of delinquency was issued in the year 1904 necessarily show that the case was brought in that year. The summons itself should state the time within which the defendants were required to appear. It did not do so, and was therefore insufficient.
The judgment appealed from must therefore be affirmed.
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Thomas v. District Court of Third Judicial Dist. In and For Salt Lake County
...as to render it defective and avoid the judgment. To the same effect is Thompson v. Robbins, 32 Wash. 149, 72 P. 1043; McLean v. Lester, 48 Wash. 213, 93 P. 208. An statute requires an officer making a levy of execution to endorse upon the writ the date and hour received and each act done t......
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Noland v. Arnold
...and published under the law of 1901, which did not conform to that law in its direction to the defendant to appear. In McLean v. Lester, 48 Wash. 213, 93 P. 208, summons involved was issued and published under the law of 1901. It was held void because of the omission of the year in stating ......