Mounts v. Goranson

Citations

• 29 Wash. 261
• 69 P. 740
• 1902 Wash. LEXIS 583

Syllabus

<p>PROCESS-SERVICE OF COMPLAINT-WHEN SUFFICIENT TO GIVE COURT JURISDICTION.</p> <p>Where a complaint had been served with a summons that was quashed, and an alias summons had thereafter issued and been served without a copy of the complaint, but' notifying defendants the complaint was on file, the service was sufficient to give the court jurisdiction, of which it would not be deprived by failure to serve a copy of the complaint as required under Bal. Code, § 4873, which provides that when the complaint itself is filed in the office of the clerk of the court within five days after service of summons, the service of a copy of the complaint may be omitted; “but the summons in such case must notify the defendant that the complaint will be filed with the clerk of said court, and if the defendant appear within ten days after the service of the summons, the plaintiff must serve a copy of the complaint on the - defendant or his attorney within ten days after the notice of such appearance.”</p> <p>UNLAWFUL DETAINER-NOTICE TO QUIT-CHARACTER OF NOTICE NECESSARY.</p> <p>Where a tenant has continued in possession of agricultural lands for more -than sixty days after the expiration of the term for which the premises were let to him, he is entitled, under Bal. Code, § 5528, to hold for another year, when he will again be guilty of unlawful detainer for a period of sixty days succeeding the end of that holdover year, but any notice prior to the end of his term is sufficient to authorize the bringing of the action of unlawful detainer.</p> <p>SAME.</p> <p>Service of the statutory notice to pay rent or quit is unnecessary, where the action is not one to terminate the lease on account of failure to pay rent, but is to terminate the lease at its expiration whether rent is paid or not.</p> <p>STATUTE OF FRAUDS-INOPERATIVE AFTER PERFORMANCE OF CONTRACT.</p> <p>After a lease, invalid for want of acknowledgment', has been fully performed, neither party thereto can take advantage of its inv