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· 11/20/1912

Blinn v. Grindle

Citations

  • 71 Wash. 120
  • 127 P. 840
  • 1912 Wash. LEXIS 704

Syllabus

<p>Appeal — Decision—Law of Case. A decision upon a former appeal that an action was commenced within time limited by statute and was not barred by laches is conclusive on the second appeal.</p> <p>Actions — Commencement—Eilino Complaint. Under Rem. & Bal. Code, §§ 167 and 220, where service of a summons is made within twenty-five days after the complaint is filed, the action is deemed commenced from the time of the filing of the complaint, and this applies to actions by private parties.</p> <p>Taxation-^Deed — Action to Set Aside — Conditions Precedent— Tender of Tax. A tender of taxes as a condition precedent to an action to set aside a tax deed is excused where it appears that the defendants claimed title to the land and plainly indicated that any tender would be refused.</p>

Judges: Morris

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