Townsend v. Price

Citations

• 19 Wash. 415
• 53 P. 668
• 1898 Wash. LEXIS 400

Syllabus

<p>JUDGMENT AGAINST INSANE PERSON — GUARDIAN AD LITEM — PLEADING.</p> <p>Where plaintiff knows, either at the time of service of summons or at the time of rendition of judgment that defendant is non compos mentis it is Incumbent on him to suggest it to the court, in order that a guardian ad Utem may he appointed.</p> <p>In an action upon a judgment of a court of record of ia sister state, an answer alleging that the judgment had been Obtained fraudulently by default, through personal service upon defendant while insane, and that there was .a valid defense to the original action, states sufficient facts to constitute a defense, as against a motion for judgment on the pleadings, as pleadings are liberally construed upon such a motion.</p>