Noble v. Aune

Citations

• 50 Wash. 73
• 96 P. 688
• 1908 Wash. LEXIS 667

Syllabus

<p>Process — Publication—Mailjng Summons — Judgments — Vacation — Fraud. Where plaintiff knew a nonresident defendant’s post-office address, service by publication without mailing a copy of the summons confers no jurisdiction, although plaintiff made affidavit that he did not know defendant’s “residence”; and the judgment is properly vacated for fraud.</p> <p>Judgment — Collateral Attack. An action to set aside a decree fraudulently obtained is a direct and not a collateral attack, although further relief by way of quieting title is asked and may be given if found appropriate.</p> <p>Taxation — Foreclosure by County — Summons—Name oe Owner. A tax foreclosure proceeding is a proceeding in rem, and it is immaterial what name or names of the owners are used in the summons.</p>