Washington Mill Co. v. Marks

Citations

• 27 Wash. 170
• 67 P. 565
• 1902 Wash. LEXIS 376

Syllabus

<p>SUMMONS-SERVICE BY PRIVATE INDIVIDUAL-WAIVER OF TERMS.</p> <p>Under Bal. Code, § 4874, which confers authority upon a private individual to make service of summons the same as a sheriff or his deputy, an individual who acts in place of the sheriff has no more power than the sheriif to waive or modify the written terms contained in the summons, unless expressly authorized by the plaintiff.</p> <p>VACATION OF DEFAULT JUDGMENT-COUNTER AFFIDAVITS OF MERITS-OBJECTION NOT URGED BELOW.</p> <p>An objection that the court cannot consider counter affidavits as to the merits of defense, upon the hearing of motion to vacate a default judgment, supported by an affidavit of meritorious defense, cannot be raised for the first time on appeal.</p>