Rockwood v. Turner

Citations

• 89 Wash. 356
• 154 P. 465
• 1916 Wash. LEXIS 695

Syllabus

<p>Appeal — Record—Abstract. Motions to strike the abstract of record and briefs and to dismiss for failure to refer to the pages of the statement will be overruled where the statement comprises but thirty-seven pages, and because of its brevity an abstract was not necessary and no prejudice resulted.</p> <p>Appeal — Right to Appeal — Estoppel—Correction of Judgment. The fact that appellant obtained a correction of the judgment in one particular which was admittedly wrong and the fault of the respondent, does not work an estoppel to appeal from the corrected judgment.</p> <p>Trial — Objections—Waiver. Where, to show title, the records of the county auditor’s office were offered in evidence showing a deed, and the same was read into the record, without objection other than objection to any description of additional property' not in controversy, and appellant waived cross-examination, he thereby waived strict documentary evidence as shown by the deed record.</p> <p>Taxation — Certificate of Delinquency — -Foreclosure—Notice— Name of Owner — Statutes. Under Rem. & Bal. Code, § 9254, providing for notice of the foreclosure of a certificate of delinquency to the “owner of the property described in the certificate” and Id., § 9257, providing that the name of the person appearing on the tax rolls as the owner shall he considered as the owner of the property, upon the foreclosure of a certificate for the year 1908, when R. appeared on the assessment roll as the owner, he is the only person that need he named in the notice for publication, although the certificate of delinquency did not issue until one year thereafter, at which time M. appeared on the rolls as the owner, the unpaid taxes for 1909 and subsequent years having been paid.</p> <p>Same — Fobeclosube — Summons by Publication — Pboof—Sufficiency. Proof of publication of the summons in a tax foreclosure made by the “cashier” of a newspaper is insufficient to confer jurisdiction to enter judgment, in view of Rem. & Ba