Washington Bank v. Horn

The opinion of the court was delivered by

Dunbar, J.

The appellant had commenced an action in the superior court of Whitman county on September 15, 1898. The summons was served, and on March 16, 1899, defendant answered. On the 29th day of December, 1899, the respondent noticed the cause for hearing on motion for default, and the appellant was served with notice and appeared. The notice was as follows:

“Comes now the defendant Gr. Horn and moves the court that he have judgment by default in the above entitled action, for the reason that no motion, demurrer or reply was served upon him by the…