Wilbert v. Day

Citations

• 83 Wash. 390
• 145 P. 446
• 1915 Wash. LEXIS 698

Syllabus

<p>Process — Return—Conclusiveness—Substituted Service — Contradiction — Sumtciency. Since a sheriff’s return of process may be rebutted as to facts not within his special knowledge, his return of a substituted service, under Rem. & Bal. Code, § 226, to the effect that he served the defendant by leaving a copy with his wife at the house of “the usual abode” of the defendant at S. in this state, is overcome, and the service should be quashed, where it appears by the uncontradicted affidavit of the defendant that he was an elector of Idaho residing at H. in said state and had no residence or usual abode in this state, and that his wife when served was in temporary lodgings at S. where she had gone temporarily for medical treatment.</p>