Whitney v. Knowlton

Citations

• 33 Wash. 319
• 74 P. 469
• 1903 Wash. LEXIS 524

Syllabus

<p>Appeal—Record—Review—Affidavits—How Brought up. Affidavits used upon a motion to vacate a default judgment must be brought up by bill of exceptions or statement of facts, in order to secure a review of questions of fact tried below on the affidavits.</p> <p>Actions—Commencement—Summons by Publication—Filing Affidavit of Nonresidence—Delay. A delay of three days after the verification in filing an affidavit of nonresidence on which publication of a summons in a tax lien forecloseure was secured, is not a fatal defect in the service invalidating the judgment, where no change occurred during the delay after mating the affidavit, and there was no actual injury caused thereby.</p> <p>Judgment—Vacation of Default—Good Cause to be Shown. Under Bal. Code, § 4880, a nonresident defendant, served by publication in a tax lien foreclosure, is not entitled to the vacation of a default judgment within one year as a matter of right, but good cause must be shown.</p>