Swanson v. Hoyle

Citations

• 32 Wash. 169
• 72 P. 1011
• 1903 Wash. LEXIS 393

Syllabus

<p>SUMMONS-SERVICE BY PUBLICATION-SUFFICIENCY OF AFFIDAVIT.</p> <p>An affidavit for publication of summons reciting that affiant is one of the attorneys of plaintiffs will be presumed in aid of judgment as stating the truth, where that fact is not negatived by the record, even if affiant’s name was not signed to the complaint as an attorney in the cause.</p> <p>SAME-AUTHORITY OF ASSISTANT PROSECUTING ATTORNEY IN TAX FORECLOSURE PROCEEDINGS.</p> <p>An assistant prosecuting attorney is ex officio one of the attorneys for plaintiff, where an action for foreclosure of a delinquency tax certificate is brought by the prosecuting attorney under laws 1899, p. 296.</p> <p>TAXATION-FORECLOSURE OF DELINQUENCY CERTIFICATES-SEVERAL JUDGMENT-SEPARATE LOTS JOINTLY ASSESSED.</p> <p>Under Laws 1899, p. 300, which provides that, in cases of tax foreclosure, the “judgment shall be a several judgment against each tract or lot or part of a tract or lot for each kind of tax or assessment included therein,” a judgment of foreclosure against two lots jointly is a several judgment, where it appears that the two lots constitute but one indivisible tract by reason of their use as one tract in connection with a building erected upon both lots.</p> <p>SAME-PLEADING.</p> <p>In an action for the foreclosure of a tax delinquency certificate issued by the county treasurer, upon two lots, it is unnecessary to aver in the complaint that the two lots constitute one indivisible tract, as the presumption is the officer would not have issued the certificate in that form unless such were the fáct.</p> <p>VACATION OF JUDGMENT-ANSWER BY DEFENDANT-HARMLESS ERROR.</p> <p>Permitting the defendant in a proceeding for the vacation of a judgment to file an answer to the petition, although Bal. Code, §5157, provides that “the petition' shall be deemed denied without answer,” would not be prejudicial, where no other proof was offered by defendant than such as was admissible without an answer.</p> <p>SAME-JUDGMENT I