Wehr v. Craver

Citations

• 87 Wash. 214
• 151 P. 502
• 1915 Wash. LEXIS 1083

Syllabus

<p>Taxation — Foreclosure—Service oe Process — Presumptions— Recitals. In a tax foreclosure suit, recitals in the findings of due and legal service of process do not have the conclusive effect of similar recitals in the judgment.</p> <p>Same. Recitals in an order of default in a tax foreclosure upon which the judgment was based, to the effect that service of process was had by publication, overcomes any presumption of a different service arising from a mere recital of due service in the findings of fact.</p> <p>Same—Foreclosure—Service of Summons—Correction of Return. A return of service in a tax foreclosure cannot be corrected by filing another affidavit after judgment without leave of court.</p> <p>Same. After entry of a tax foreclosure judgment upon service by publication, the plaintiff cannot, by affidavit filed in the cause, show a personal service, without giving notice to the defendant and an opportunity to be heard.</p>