Noland v. Arnold

Citations

• 77 Wash. 363
• 137 P. 801
• 1914 Wash. LEXIS 906

Syllabus

<p>Taxation — Foreclosure—Summons — Statutes — Amendment— What Law Governs. Where a service of summons in a tax foreclosure was completed by the last publication on February 13, under Laws 1897, p. 182, § 96, prior to the amendment of 1899, Laws 1899, p. 296, § 13, changing the form of the summons, the validity of the service is to be determined by the earlier act, the amendment having no application.</p> <p>Same — Summons—For Publication — Form. A statement at the foot of a published summons below the attorney’s names, giving the dates of the first and last publication, is a part of the summons, the same as though it were contained in the body thereof.</p> <p>Same — Summons—Form—Statutes. Under Laws 1897, p. 182, § 96, providing that the summons in a tax foreclosure shall contain a direction to the owner summoning him to appear within sixty days after service of the summons, and Id., § 97, providing that the summons shall be served in the same manner as in civil actions, the form of the summons in tax foreclosures is governed by § 96, swpra, and not by the general statutes, Rem. & Bal. Code, § 233, requiring summons for publication in civil actions to notify the defendant to appear within 60 days after the first publication of the summons.</p> <p>Same — Summons—Form. A summons for publication in a tax foreclosure proceeding, giving the dates of the first and last publication, and notifying the owner to appear within sixty days after the service of the summons upon him, sufficiently notifies him to appear within sixty days after the last publication.</p>