Musselman v. Knottingham

Citations

• 77 Wash. 435
• 137 P. 1012
• 1914 Wash. LEXIS 1095

Syllabus

<p>Process — Summons—By Publication — Mailing Copies — Affidavit of Publication. Upon a service by publication, a copy of the summons and complaint need not be mailed to the defendant’s last known place of residence, where the affidavit for publication states that affiant does not know the place of residence of the defendant, in view of Bern. & Bal. Code, § 228, providing that the affidavit for publication shall recite that a copy of the summons and complaint has been deposited in the post office, directed to the defendant at his place of residence, unless it is stated that such residence is not known.</p> <p>Same — Mailing Copies — Diligence to Locate Defendant. In an action to foreclose a mortgage, a service by publication is regular, without mailing a copy of the summons and complaint, where the defendant was not a resident of the county, diligent effort was made to locate him, both through the sheriff’s and city marshal’s offices, and publication was not commenced until shortly before the expiration of ninety days after filing the complaint, and the affidavit alleged that his residence was unknown.</p> <p>Mobtgages — Fobeclosube — Installments Notice Matubing Whole Debt. Where there was no tender of interest overdue, an option in a mortgage to declare the whole mortgage due for nonpayment of interest is sufficiently exercised by the commencement of foreclosure proceedings.</p>