Spokane Merchants Ass'n v. Acord

Citations

• 99 Wash. 674
• 170 P. 329
• 6 A.L.R. 835
• 1918 Wash. LEXIS 691

Syllabus

<p>Process—Summons—Form—Statutes. A summons omitting the words “exclusive of the day of service” from the form prescribed by Rem. Code, § 223 “substantially” complies with the form as required by said section, since the requirement is not mandatory, in view of Id., § 252, requiring the time to be computed by excluding the first day and including the last, and by the fact that a summons omitting such clause complies with all the requirements of Id., §§ 221, 222, as to the contents of the summons.</p> <p>Judgment—Default—Vacation—Meritorious Defense. A judgment of default entered upon sufficient service, by a court having jurisdiction can be rightfully vacated only by showing a valid excuse for failure to appear, coupled with a prima facie showing of a valid defense on the merits.</p>