Callison v. Smith

Citations

• 44 Wash. 202
• 1906 Wash. LEXIS 813

Syllabus

<p>Taxation — Foreclosure—Summons. A summons for publication in a tax foreclosure proceeding which, clearly states the time for apperance, nature and purpose of the action, and complies with the statute in all particulars except to omit the alternative demand that defendants appear “or pay the amount due,” is sufficient to confer jurisdiction to enter a default judgment.</p> <p>Same — Judgment—Amount oe Tax. The fact that a tax judgment against real property includes $2.40 personal taxes, not lawfully assessed on the real estate, will not invalidate a judgment where the defendants were legally served and failed to appear and contest the matter in the foreclosure action.</p> <p>Taxation — Foreclosure—Publication oe Summons. Upon the publication of a tax foreclosure summons, proof made by a man of the same name as plaintiff will not be presumed to be made by the plaintiff, especially when to do so would question the jurisdiction of the trial court.</p> <p>Same. A summons for publication in a tax foreclosure may be published in a paper owned by the plaintiff, and proof of publication made by the plaintiff as owner of the paper would not be void.</p>