Munch v. McLaren

Citations

• 9 Wash. 676
• 38 P. 205
• 1894 Wash. LEXIS 386

Syllabus

<p>VALIDITY OE JUDGMENT — COLLATERAL ATTACK.</p> <p>Although the form of a deficiency judgment in foreclosure proceedings may be objectionable, yet where it clearly appears therefrom that it was the intent of the court to have the mortgaged property first sold, and, if the proceeds were not sufficient to pay the amount due, that execution over should be had for the remainder, a collateral attack on the ground of want of form will not be sustained.</p> <p>The failure to serve defendants with a copy of the complaint in foreclosure proceedings does not render the decree therein void, but at most it is only erroneous, and cannot be attacked on that ground in a collateral proceeding.</p>