Morris v. Healy Lumber Co.

Citations

• 33 Wash. 451
• 74 P. 662
• 1903 Wash. LEXIS 540

Syllabus

<p>Forcible Entry and Detainer—Summons—When Returnable. Bal. Code, § 5532 providing that a summons in forcible entry shall be returnable at a date designated therein, which shall not be less than six nor more than- twelve days from its date, the date referred to applies to the date of the service of the summons, and not to the date of its issuance endorsed theron; hence a summons issued February 2, returnable February 18, and served February 9, is sufficient.</p> <p>Appearance-—Special or General. After the overruling of a motion to quash the service of a summons, an answer filed without any mention of the previous special appearance, is a general appearance in the case, under Bal. Code, § 4886.</p> <p>Forcible Entry and Detainer—Holding Over After Expiration of Term—Eminent Domain—Pendency of Condemnation Proceedings as a Defensei In an action for unlawful detainer, a defendant corporation holding over after expiration of a lease can not justify its possession, or ask a suspension of the judgment, by setting up the institution of proceedings for the appropriation of the land which are still pending, and by the offer to give security until the same is determined.</p> <p>Same—Notice to Quit. In forcible entry and detainer, where the answer does not deny that a lease for a definite term had expired, notice to quit is not required under Bal. Code, § 5527.</p> <p>Same—-Due Process of Daw. The forcible entry and detainer act does not violate the fourteenth amendment to the constitution of the United States, prohibiting the states from depriving a person of property without due process of law.</p> <p>Pleadings—Motion for Judgment. Where the complaint is sufficient and the answer contains no legal defense, judgment on the pleadings is properly entered for the plaintiff.</p>