State ex rel. Pacific Loan & Investment Co. v. Superior Court

Citations

• 84 Wash. 392

Syllabus

<p>Prohibition — To Courts — When Lies — Adequacy oe Appeal. After sale to the plaintiff, confirmation thereof, and expiration of the year for redemption, prohibition lies to prevent the vacation of a decree of foreclosure, sought on the ground that the decree was void for want of personal service of the summons and complaint; since there is no adequate remedy by appeal, inasmuch as, on a retrial of the foreclosure proceeding, the question of the validity of the order setting aside the decree could not be raised, and there is no appeal from an order vacating a judgment.</p> <p>Process — Service—Substituted Service — “At House” — Statutes. A valid service of a summons and complaint is made upon a wife, in a matter affecting community property, by delivering a copy thereof for her to her husband, upon the community premises, and within thirty feet of the dwelling house, upon being informed by the husband that she was not at home; in view of Rem. & Bal. Code, § 226, authorizing such service by leaving a copy “at the house” of her usual abode, with a person of suitable age and discretion then resident therein.</p> <p>Judgments — Vacation—Limitations. Proceedings to vacate a judgment by motion or by petition, under Rem. & Bal. Code, §§ 303, 464-466, are limited to one year after entry of the judgment, unless the judgment is void on its face for want of jurisdiction.</p> <p>Same — Vacation—Jurisdiction—Defect in Service. A judgment is not void on its face, so that it may be attacked at any time, where the alleged defect in service of process does not appear in the record, and a showing outside the record is necessary.</p> <p>Judgments — By Default — -Vacation. A default judgment cannot be vacated on petition, unless facts are alleged constituting a good defense to the action, as required by Rem. & Bal. Code, § 467.</p>