Goore v. Goore

Citations

• 24 Wash. 139
• 63 P. 1092
• 1901 Wash. LEXIS 506

Syllabus

<p>DIVORCE-SERVICE BY PUBLICATION-AFFIDAVIT-SUFFICIENCY.</p> <p>Under Bal. Code, § 4877, authorizing summons by publication in actions for divorce, when defendant cannot be found in the state, upon the filing of an affidavit by plaintiff or his attorney, stating he believes defendant is not a resident of the state, and alleging the existence of one of the cases specified in the statute in which publication is permissible, the affidavit in support of service by publication is sufficient, although it states conclusions instead of probative facts, and although it makes no reference to the property of the parties, since the disposition of the property is a mere incident of the divorce and follows from the action itself.</p> <p>PLEADING-AMBIGUITY-CONSTRUCTION.</p> <p>Where the language of an affidavit is capable of two constructions, that which is plainly consonant with common sense and the actual facts must be adopted.</p> <p>SAME —SUMMONS-DESCRIPTION OF PROPERTY INVOLVED.</p> <p>Where a summons by publication in an action for divorce notifies defendant that one of the objects of the action is to procure “the equitable distribution to plaintiff of the property, real and personal, of plaintiff and yourself,” it is sufficient to notify the defendant that the disposition of his separate property, as well as that of the community, is contemplated, since the court has jurisdiction in divorce to dispose of all the property of the parties described in the complaint.</p>