McMaster v. Advance Thresher Co.

The opinion of the court was delivered by

Dunbar, C. J.

This is a petition of appellant for the vacation and modification of a judgment which shows upon its face that the appellant was duly served with a copy of the complaint and summons in Clarke county, in the state of Washington, on the 2d day of November, 1893, by service upon its statutory agent, duly empowered to accept service. The case was tried in Garfield county. The judgment in this case was taken on the 8th day of December, 1893, thirty-six days after service upon appellant. The act of 1893, (Daws, p. 407, § 3) prescribes what the…