City of Seattle v. O'Connell

Citations

• 16 Wash. 625
• 48 P. 412
• 1897 Wash. LEXIS 369

Syllabus

<p>REMEDIES — EFFECT OF REPEAL OF STATUTE — COMMENCEMENT OF ACTION—SERVICE OF SUMMONS—ENFORCEMENT OF STREET ASSESSMENTS— LIMITATION OF ACTIONS.</p> <p>The repeal of the law governing the commencement of civil actions and the service of summons therein and substituting therefor a new method of procedure will not affect the jurisdiction of the court over an action commenced under the prior law, but in which service of summons had not at that time been made, when the defendant voluntarily appears and answers in the action subsequent to the taking effect of the new law, which directly provides that a voluntary appearance is equivalent to personal service of summons.</p> <p>The bar of the statute upon the commencement of an action to enforce the collection of an assessment for a street improvement begins to run, not from the day the assessment is made due and payable and operative as a lien upon the property, but from the date of delinquency as provided in the ordinance providing for the levy and collection of the assessment.</p>