Merz v. Mehner

Citations

• 57 Wash. 324
• 106 P. 1118
• 1910 Wash. LEXIS 751

Syllabus

<p>Parties — Defendants—Trustees—Guardians—Mechanics’ Liens. Under Rem. & Bal. Code, § 180, authorizing the trustee of an express trust to sue without joining the cestui que trust, the guardian of infants, to whom a deed was made as trustee without limitations, may be sued as the holder of the legal title, without joining the infants, in an action to foreclose a mechanics’ lien.</p> <p>Judgment — Collateral Attack — Service •— Pboof — Bubden of Proof. In a collateral attack upon a judgment for want of service of process, it is immaterial that there was no proper proof of the genuineness of the defendant’s written admission of service, where the court found that personal service was made, the burden being upon defendant to establish want of service, and not want of proper proof of service.</p>