Stevens v. Doohen

Citations

• 50 Wash. 145
• 96 P. 1032
• 1908 Wash. LEXIS 685

Syllabus

<p>Judgment — Recitals—Service or Process — Presumption. A tax foreclosure judgment will not be set aside for failure of the summons by publication, prior to amendment thereof, to properly describe the property, where the court found and the judgment recited due service of the summons, and there was no proof that another due service had not been made on the defendant, who was a resident in an adjoining county; and the fact that a clerical error in the judgment in one place referred to the lot by the erroneous description used in the summons as first published does not affect the presumption of due service, the error in the judgment being surplusage.</p> <p>Taxation — Judgment—Irregularity—Effect. An irregularity in a tax foreclosure judgment foreclosing a lien against lot 23, in giving the number of the lot in a tabulated statement as lot 22, following the proper description, is a clerical error to be treated as surplusage that does not avoid the judgment.</p>