Hays v. Peavey

Citations

• 54 Wash. 78
• 102 P. 889
• 1909 Wash. LEXIS 946

Syllabus

<p>Process — Summons by Publication — Sufficiency. Under Laws 1897, p. 82, § 96, authorizing service of summons by publication directing the defendant to appear within sixty days after the date of the first publication, a summons requiring the defendant to appear within sixty days after the “service” of the summons is insufficient to confer jurisdiction to enter a default judgment.</p> <p>Execution — Sales—Bona Fide Purchasers. The purchaser of a sheriff’s certificate of sale under execution is not a dona fide purchaser as to defects in process on which the judgment was founded.</p> <p>Judgment — Process—Publication. A valid personal judgment cannot be entered, upon' a service by publication.</p> <p>Process — Summons by Publication — Stating Object of Action. Where the object of an action was to ascertain and fix the amount of an indebtedness on contract and to direct the sale of attached property to pay the same, a summons for publication is irregular and misleading where it states that the object of the action is to recover a personal judgment in a specified sum for breach of the contract.</p> <p>Judgments — Vacation — Discretion — Appeal • — ■ Review. The granting of a motion to vacate a default judgment within the statutory time will not be reversed except for abuse of discretion.</p> <p>Judgments — -Default-—Vacation—Grounds. A default judgment in an' action on contract is properly vacated where it appears that service of summons was made by publication and real property was attached, that the summons did not properly state the object of the action, and that a personal judgment was entered* by default against the defendants so served without referring to the land attached, Which was subsequently sold under execution.</p>