Thompson v. Robbins

Citations

• 32 Wash. 149
• 72 P. 1043
• 1903 Wash. LEXIS 390

Syllabus

<p>SUMMONS-SERVICE BY PUBLICATION-SUFFICIENCY.</p> <p>Where the statute regulating service of summons by publication provides that such summons shall direct the defendant “to appear within sixty days after the date of the first publication of the summons, exclusive of the day of said first publication, and defend the action,” a summons which requires the defendant “to appear within sixty days after the service of this summons upon you, exclusive of the day of service, and defend this action,” would not confer jurisdiction upon the court to render judgment.</p> <p>SAME-SETTING ASIDE DEFAULT-APPEALABLE ORDER.</p> <p>Under Bal. Code, §4880, which provides that, if the summons is not served personally on the defendant in certain cases, he may be allowed to defend within one year after the rendition of judgment, an order setting aside a default and vacating a judgment entered in such a case would not be an appealable order, since such action is not the grant of a new trial, which is made appealable under subd. 6 of Bal. Code, §6500, nor can the right of appeal be claimed under subd. 7 of the same section authorizing appeal from any final order made after judgment, inasmuch as a void judgment could not give the appellant any substantial right capable of being affected by the action of the court.</p>