Paxton v. Daniell
Washington Supreme Court
Appeal from District Gourt, Pierce County. Action by appellee on promissory note against Joseph E. Shaw, and appellant herein as guarantor. December 18, 1888, appellee filed with the clerk of the district court his affidavit that appellant had departed from "Washington Territory, and could not be found therein.
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Appeal from District Gourt, Pierce County. Action by appellee on promissory note against Joseph E. Shaw, and appellant herein as guarantor. December 18, 1888, appellee filed with the clerk of the district court his affidavit that appellant had departed from "Washington Territory, and could not be found therein. Summons was duly issued and published, and thereafter a default was entered against appellant, and judgment thereon was filed upon the 9th day of March, 1889. On the 12th day of March, 1889, appellant made, through his attorneys, a special appearance, and moved the court to set aside…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
In this case the essential question to be considered, and the one on which the case hinges, is the validity of a judgment rendered against a non-resident defendant, by the publication of a summons where no property of the defendant is brought under the control of the court.
It is not shown by the record in this case that any attachment had been served upon the property of the defendant or had been issued in the case. In fact, it is admitted by the argument that no property has been brought under the control of the court.
Statutes providing the…
2Cases cited2 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
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- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- Cold v. BehSupreme Court of Iowa · 1911
- In the Matter of Marriage of JohnstonCourt of Appeals of Washington · 1982
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