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Owen v. Owen

Citations

  • 41 Wash. 642
  • 84 P. 606
  • 1906 Wash. LEXIS 1027

Syllabus

<p>Taxation — Fobeclosube—Appeal—Bond—Time fob Filins. An appeal from an order refusing to vacate a tax foreclosure is governed by the general appeal law and not by the special provisions of the revenue act, Laws 1903, p. 75, § 4, providing the conditions and time for filing an appeal bond upon an appeal from a tax foreclosure judgment; hence the bond need not be served and filed at the time of giving notice of the appeal.</p> <p>Taxation — Fobeclosube — Summons fob Publication — Sufficiency. A summons for publication in a tax foreclosure, requiring the defendant “to appear within sixty days (after the service of this summons exclusive of the first publication of summons), which will be on the 6th day of June, 1901,” is not a substantial compliance with Laws 1901, p. 383, requiring the summons to contain a direction to the owner to appear within 60 days after the date of the first publication of the summons exclusive of the said first publication; and the timé within which the defendant is required to appear being necessary, the defect is fatal to the validity of the judgment.</p>

Judges: Root

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