Wagnitz v. Ritter

Citations

• 31 Wash. 343
• 71 P. 1035
• 1903 Wash. LEXIS 633

Syllabus

<p>APPEAL-APPEALABLE ORDER — : QUASHING SUMMONS.</p> <p>An order quashing a summons in effect discontinues the action, when made after the expiration of the statutory limit on service of summons, and is therefore an appealable order.</p> <p>SAME-CESSATION OE CONTROVERSY.</p> <p>The fact that the trial court dismissed an action subsequent to the taking of an appeal from its order quashing a service of summons, would not work such a cessation of the controversy as would require a dismissal of the appeal.</p> <p>PROCESS-SERVICE BY NON-RESIDENT ATTORNEYS.</p> <p>Non-resident attorneys who have been admitted to the bar of this state are authorized to issue summons in actions in this state, and may perform this act outside the state as well as within its borders, provided the summons specifies a place within the 'state where an answer thereto may be served, within the meaning of Bal. Code, § 4870, which provides that the defendant shall “answer the complaint, and serve a copy of his answer on the person whose name is subscribed to the summons, at a place within the 'state therein specified in which there is a postoflice.”</p> <p>SAME-EORM OE SUMMONS-STATUTORY REQUIREMENTS.</p> <p>A summons issued in conformity with the form set forth in the statute, and which substantially follows the sections enumerating the necessary content's of the summons, is good as against a general objection that it is void on its face, raised for the first time on appeal, even if the summons may not have fully incorporated everything required by other sections of the statute.</p>