Kalb v. German Savings & Loan Society

Citations

• 25 Wash. 349
• 65 P. 559
• 1901 Wash. LEXIS 400

Syllabus

<p>,1 ODCi.MBNXS —• COLLATERAL ATTACK.</p> <p>An action by a minor seeking to have bimself decreed a tenant in common of certain real estate, in which he attacks the validity of a prior judgment in an action to quiet title which decreed he had no interest therein, is a collateral attack upon such prior judgment.</p> <p>SAME-ADMISSIBILITY OF EVIDENCE.</p> <p>In a collateral attack upon a judgment against a minor, evidence that no notice of the time or place of trial was given to his guardian act litem, although admissible in a direct attack, is not competent to oust the court of jurisdiction and invalidate its judgment rendered in the prior action.</p> <p>SUMMONS-SUFFICIENCY.</p> <p>Under Laws 1887-88, p. 24, which provides that civil actions may be commenced by filing a complaint and issuing a summons, and that, if the action be against a minor under the age of fourteen years, such summons shall be served by delivering a copy thereof to such minor personally, and also to his father,, mother or guardian, etc., a service upon the mother of the minor defendant, although she was not a party to the action, directed to her as such mother and notifying her to appear and defend the action, in addition to a proper service maae upon the minor personally, was sufficient, as a substantial compliance with the provisions of the statute.</p> <p>JUDGMENTS-VALIDITY-PRESUMPTIONS.</p> <p>The mere fact that a suinmons was defective in form would not render the judgment in the action void, where the court was one of' general jurisdiction, since every fact not negatived by the record must be presumed in support of the decree.</p> <p>QUIETING TITLE-PLEADING.</p> <p>In an action to quiet title a complaint which alleged possession of the premises by plaintiff, that he claimed title in fee thereto, and that defendant claimed an estate or interest therein adverse to him, was sufficient to give the court jurisdiction of the subject matter, under Code 1881, § 551, which provided that any person