Felsinger v. Quinn

Citations

• 62 Wash. 183
• 113 P. 275
• 1911 Wash. LEXIS 671

Syllabus

<p>Process — Summons— Service by Publication — Affidavit — Necessity. An affidavit for the service of summons by publication is insufficient under Rem. & Bal. Code, § 228, where it fails to state that the defendant is a nonresident, or has property in this state, or the existence of any of the facts authorizing a service by publication, notwithstanding the fact may appear from the complaint; since strict compliance with the statute is jurisdictional (Rudkin and Chadwick, JJ., dissenting).</p> <p>Taxation — Foreclosure—Vacation—Process—Summons. A complaint to set aside a tax foreclosure, pleading in Jiaee verba the only affidavit for publication of summons, alleges in substance the only attempted service, which, if insufficient, avoids the judgment.</p>