Lawyer Land Co. v. Steel

Citations

• 41 Wash. 411
• 83 P. 896

Syllabus

<p>Appeal — Dismissal—Notice—Filing Prior to Service — Harmless Error. Under Bal. Code, § 6503, providing that an appeal shall be ineffectual if not filed within five days after service of notice, the notice of appeal may be filed before service, especially in view of Laws 1899, p. 79, providing that no appeal shall be dismissed for any defect in the notice or service thereof.</p> <p>Process — Summons — Service by Publication — Form — Suepiciency. A summons Ijy publication in the statutory form, served upon a defendant outside of the state, is not defective by reason of containing the clause requiring the defendant to appear in twenty days after the service if service shall be made within the state, which clause may be treated as surplusage.</p> <p>Appeal — Review—Error Urged by Respondent Without Cross-Appeal. Upon appeal from an order quashing a summons, entered solely upon the ground that the summons was defective in form, the respondents cannot, without taking a cross-appeal, urge error in refusing to grant the motion to quash the summons upon other grounds, to which they took exception.</p>