Bennett v. Supreme Tent of the Knights of the Maccabees of the World

Citations

• 40 Wash. 431
• 82 P. 744
• 1905 Wash. LEXIS 999

Syllabus

<p>Appeal — Statement of Facts — Notice of Filing — Statute — Construction. Under Bal. Code, § 5058, upon service of a proposed statement of facts upon the adverse party, notice of the filing also is not necessary, except upon the other parties appearing.</p> <p>Process — Summons—Personal Service — By Mail — Validity. Bal. Code, § 4893, inferentially forbids service of summons by mail, and a service upon the statutory agent of a foreign corporation by mail is insufficient.</p> <p>Same — Foreign Insurance Company — Service Upon — Insurance Commissioner Statutory Agent — Power to Admit Service. Under Laws 1901, p. 360, requiring foreign benefit insurance associations to appoint the state insurance commissioner its attorney in fact, upon whom service of process may be made with the same legal effect as if made upon the association, such an appointment does not authorize the commissioner to admit or waive service, where no legal service has in fact been made.</p> <p>Same — Deputy Insurance Commissioner — Service Upon — Validity. An appointment of the insurance commissioner and his successors in office as the statutory agent of a foreign corporation for the purpose of service of process, pursuant to Laws 1901, p. 360, does not authorize the deputy insurance commissioner to receive service, as the power is derived from the appointment and does not pertain to the office.</p> <p>Same — Invalid Service — Actual Notice of Action — Sufficiency. A court cannot acquire jurisdiction of the person of a defendant who was not served with process, and made no appearance, by reason of his having actual knowledge of the suit.</p> <p>Appearance — General—By Motion to Vacate Void Judgment— Effect — Jurisdiction—Waiver. A general appearance in support of a motion to set aside a void judgment, does not validate the judgment or waive the question of jurisdiction.</p> <p>Judgment — Vacation — Meritorious Defense. An affidavit of merits is not necessary upon a motion by defendant to set aside