Lutkens v. Young

Citations

• 63 Wash. 452
• 115 P. 1038
• 1911 Wash. LEXIS 1225

Syllabus

<p>Process — Service by Publication — -Jurisdiction—Affidavits. A service hy publication without mailing copies to the defendant does not confer jurisdiction unless it is stated in the affidavit for publication that defendant’s residence is not known.</p> <p>Same — Amendment of Defects. The failure of an affidavit for publication to state that the residence of the defendant was not known, where copies were not mailed, being a jurisdictional defect, is not capable of amendment after judgment by the filing of another affidavit.</p> <p>Judgment — Recitals—Jurisdiction—Process. Recitals in a judgment of due service by publication, “after filing of an affidavit for publication by the attorney for the plaintiff,” are not sufficient to overcome jurisdietionai defects appearing on the face of the affidavit for publication, where there was a subsequent affidavit of the plaintiff’s attorney affirmatively pointing out the defect and making it appear that there was no other affidavit in the record to confer jurisdiction.</p> <p>Same — Presumption of Jurisdiction. The presumption of due service of process from recitals in the judgment is only prima facie and may be overcome by an affirmative showing.</p>