State ex rel. Boyle v. Superior Court

The opinion of the court was delivered by

Scott, C. J.

This is an application for a writ to pro*131Kbit the respondent from vacating a judgment rendered in January, 1894, in favor of tbe Tacoma National Bank, as plaintiff, against Otis Sprague and Mave FL Sprague, bus-band and wife, defendants, tbe relator being now tbe owner of tbe judgment. Tbe judgment contained a recital tbat eacb of tbe defendants “was duly served with a copy of tbe summons and complaint” and tbat eacb of tbem bad failed to appear within tbe time prescribed. On tbe 25th day of February last tbe defendants appeared specially…