Woodbury v. Henningsen

The opinion of the court was delivered by

Dunbar, J.

This was an action of replevin, in a justice’s court of Spokane county. The action was attempted to be commenced by the service of notice and complaint, as provided in §§ 1454 and 1455 of the Code of Civil Procedure. The notice and complaint *13were served upon the defendant by delivering a copy of said notice and complaint to a child under the age of twelve years; and the return of service on file shows that a copy of said notice was delivered to defendant’s daughter, a girl of the age of eleven years.

Upon the cause being called for trial,…