Smith v. Seattle Camp No. 69, Woodmen of the World

Citations

• 57 Wash. 556
• 107 P. 372
• 1910 Wash. LEXIS 796

Syllabus

<p>Landlord and Tenant — Forcible Entry and Detainer — Statute ■ — Construction. Provisions as to the time and manner of bringing the special proceeding of forcible entry and detainer against a tenant are to be strictly construed and the provisions of the general practice act for service by mail are not applicable (Fullerton, J., dissenting).</p> <p>Same — Notice to Quit — Service—When Complete- — -Premature Action. Under Rem. & Bal. Code, § 812, making a tenant guilty of unlawful detainer if notice to quit or pay rent remains uncomplied with for the period of three days after service thereof, and § 814, providing for service of notice on a corporation, if no one is found on the premises, by posting a notice thereon and “sending a copy through the mail,” addressed to the corporation, etc., service is not complete until the copy mailed is received by the corporation, as the statute contemplates three full days within which to comply with the notice; hence where a copy is mailed January 2, and not received until Monday, January 4, an action commenced January 6, is premature, and tender of rent on that day is in time (Rudkin, C. J., Gose, and Mount, JJ., dissenting).</p>