Warner v. Miner

Citations

• 41 Wash. 98
• 82 P. 1033
• 1905 Wash. LEXIS 1074

Syllabus

<p>Taxation — Foreclosure of Lien — 'Summons — Subscription. Under Bal. Code, § 4882, the original summons for publication in a tax foreclosure is sufficiently “subscribed” by the attorney for the plaintiff although the signature is printed..</p> <p>Same — Notice—Summons by Publication — Newspaper Printed and Published in County — Proof—Sufficiency. Under Bal. Code, § 4878, requiring the publication of a summons to be made in a newspaper printed and published in the county, service by publication is sufficient where the paper was printed at S. in said county and sent to and distributed at I. in said county, although the proof of publication is to the effect that it was printed and published at I.</p> <p>Same — Newspaper—What Is — Evidence—Sufficiency. A paper eleven by sixteen inches in size, containing four pages of four columns each, filled with general and local advertisements, legal notices, and general and local news, issued regularly each week, with a local circulation of 300 paid subscribers in a town of about 400 people, is a newspaper of general circulation in which the publication of summons is authorized.</p> <p>Same — Residence oe Defendants — Duty of Plaintiffs to Inquire — Statute. An affidavit for the publication of a summons stating that two of the defendants are nonresidents and that their addresses are unknown, is sufficient to authorize the publication of a summons, although it was shown that the affiant knew that said defendants had acknowledged a deed before a notary of a certain county in another state, no duty devolving upon him to ascertain the addresses of the defendants by inquiry of such notary.</p> <p>Judgment — Default — Incokpobation in Judgment. It is not necessary upon taking judgment by default to enter the default in a separate order.</p> <p>Same — Date—Clekical Ebbok. A clerical error of the county clerk in recording a judgment by filling up a blank for the date six days later than the filing date is immaterial, as the date of the