Woodham v. Anderson

Citations

• 32 Wash. 500
• 73 P. 536

Syllabus

<p>TAX FpEECLOSUEiE •— SUMMONS TIME FOB APPEABANOE.</p> <p>Under Laws 1897, P- 182, § 96, subd. 3, requiring defendants in tax foreclosure cases to appear within sixty days after service of summons, exclusive of the day of service, and under Bal. Code, I 4878 (which, by Laws 1897, p, 182, § 97, is made applicable in tax cases), providing for the publication of summons in a newspaper once a week for six consecutive weeks, and that the service should not be complete until the expiration of the time prescribed for publication, a defendant in a tax foreclosure suit under the revenue law of 1897 would have sixty days for appearance after the completion of the publication of summons (Mount, J., and Fullerton, O. J., dissent).</p> <p>SAME-AMENDMENT OF STATUTE — EFFECT ON PENDING CASES.</p> <p>Where, pending the completion of service by publication, the law governing it is changed hy amendment so as to alter the procedure, and no provision, is enacted in the new law making it apply to pending cases or expressly repealing tbe old law, the question of the sufficiency of the summons to confer jurisdiction would be determined by the law in force at the time pf its issuance,</p> <p>GENEB4L APPEABANOE AFTEB JUDGMUNT — EFFECT.</p> <p>Where a judgment was yoid by reason of defective process, it would not be validated by the fact that the defendants subsequently made a general appearance in the action for the purpose of moving jts vacation.</p> <p>TRIAL —■ DELAY IN FILING PLEADINGS —-- DISCBETION OF COUBT.</p> <p>The sufficiency of defendant's excuse for delay in filing answer to a complaint after the setting aside of the original judgment therein is a matter resting largely in the discretion of the trial court for determination.</p>