Roznik v. Becker

Citations

• 68 Wash. 63
• 122 P. 593
• 1912 Wash. LEXIS 1250

Syllabus

<p>Attachment — Requests—Defective Bond — Amendment. Under the statute providing for a liberal construction of the attachment law, and permitting amendments of any defect in the papers or bond, the failure to condition the bond for the payment of “all costs,” as required by Rem. & Bal. Code, § 652, is amendable, not being a jurisdictional defect; and the remedy is by motion to amend the bond and not to quash the writ.</p> <p>Attachment — Complaint — Amendment — Effect on Writ. The levy of a writ of attachment, valid when made, is not invalidated by an amendment to the complaint doubling the amount of the demand.</p> <p>Same. The amendment of a complaint, in an action for an attachment, repeating the original demand and adding another cause of action, is not an amendment of the first cause of action, and does not deprive the court of jurisdiction to adjudicate the first cause of action.</p> <p>Process — Summons—Alias Summons — Service. Under the practice in this state of commencing actions by the service of a summons issued by the plaintiff or his attorney, one such notice does not exhaust the power to issue another, and service of a summons with an amended complaint confers jurisdiction, although defendant was not served with the first notice.</p> <p>Process — Service Outside State — Prerequisites. Under the statute providing that a personal service of the summons on the defendant outside the state shall be equivalent to service by publication, service outside of the state does not require, as a prerequisite, the preliminary showing that the defendant was a nonresident, as required in the case of service by publication.</p> <p>Attachment — Judgment—Form—Validity. Upon the attachment of property of a nonresident, a judgment in form both against the person and property attached is not for that reason void, although enforceable only against the property attached.</p> <p>Attachment — Motion to Quash — Parties Entitled. Where an attachment is not void for want of jurisdi