Frieze v. Powell

Citations

• 79 Wash. 483
• 140 P. 690
• 1914 Wash. LEXIS 1234

Syllabus

<p>Judgment — By Default — Vacation — Petition. An application for the vacation of a default judgment for the reason that process was not served upon any officer or agent upon whom service was authorized1, falls within Rem. & Bal. Code, § 464, subd. 3, permitting the vacation of judgments for irregularity in obtaining them; and under Id., § 467, need only be by petition verified by affidavit, no affidavit of merits being necessary.</p> <p>Same — Petition—Verification. A petition for the vacation of a default judgment, required by Rem. & Bal. Code, § 467 to be verified by affidavit, may be verified by the attorney instead of an officer or agent of a corporation, especially where the petition shows want of jurisdiction in the court to render the judgment for want of proper service, within Id., § 464, subd. 3.</p> <p>Corporations — Foreign Corporation — Actions — Garnishment— Service of Process. The service of a writ of garnishment upon a local manager of a foreign corporation is sufficient, in view of Rem. & Bal. Code, §§ 687 and 226, providing for service upon nonresident corporations by delivery to any agent, cashier or secretary thereof.</p> <p>Garnishment — Writ—Service—Waiver. Appearance by a garnishee requesting permission to defend the writ'Without preserving a special appearance, waives objection to the sufficiency of the service.</p> <p>Judgment — By Default — Vacation—Grounds—Discretion. It is not an abuse of discretion to vacate a default judgment against a foreign corporation, on application made within five days after entry of the judgment, where it appears that service was made upon a salesman of the corporation who failed to take the necessary steps through ignorance, in view of the liberality of the statutes authorizing service upon agents not familiar with legal proceedings, requiring an equally liberal discretion in vacating defaults.</p> <p>Garnishment — Answer—Sufficiency. Upon an application to vacate a default judgment against a garnishee, a peti