Rowe v. Silbaugh

Citations

• 107 Wash. 518
• 182 P. 576
• 1919 Wash. LEXIS 780

Syllabus

<p>Judgment (38, 137-1)—Setting Aside—Invalid Sebvice. A judgment of default upon publication of summons and attaching land as the property of a nonresident is properly set aside for fraud, where it appears that plaintiff commenced suit by mailing summons to defendant’s former address, after being informed that she had left there and was probably on the land, without any attempt to make personal service, when any diligence would have disclosed that she was residing on the land from the commencement of the action until entry of judgment, and she had a valid defense and no notice of the suit.</p>