Deming Investment Co. v. Ely

Citations

• 21 Wash. 102
• 57 P. 353
• 1899 Wash. LEXIS 247

Syllabus

<p>APPEALABLE ORDER — QUASHING SUMMONS.</p> <p>An order of the court sustaining a motion to quash a service of summons by publication, upon the ground that publication had not been commenced within ninety days after the filing of the complaint, as required by statute, in effect discontinues the action, and is an appealable order, under Bal. Code, § 6500, which provides that an appeal lies “from any order affecting a substantial right in a civil action or proceeding which in effect determines the action or proceeding and prevents a final judgment therein.”</p> <p>SPECIAL APPEARANCE — WAIVER.</p> <p>A special appearance by defendant to move against the jurisdiction over his persoa for want of proper service by publication does not become a general appearance from the fact that he bases one of the grounds of his motion on the fact that the action is not one wherein publication is authorized by law or in which jurisdiction in rem can be obtained by publication of summons, since the relief asked is consistent with a want of jurisdiction over the person.</p>