Spokane Merchants Ass'n v. Acord
Washington Supreme Court
Appeal from an order of the superior court for Okanogan county, Neal, J., entered February 8, 1917, vacating a default judgment on the ground of a defective summons.
1Opinion of the CourtEllis, C. J.
The sole question presented by this appeal is whether or not the omission of the words “exclusive of the day of service” from the statutory form of summons pre*675scribed in Rem. Code, § 223, renders such summons void. The action was upon a promissory note, payable on demand. Plaintiff commenced his action by service of summons and a copy of the complaint on July 24, 1916, upon the defendant personally in Okanogan county. Forty-three days after that service having elapsed, and defendant not having appeared nor given any notice of intention to appear, plaintiff moved the court for an order of…
2Cases cited12 opinions
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