Legal Opinion

In the Matter of Marriage of Johnston

Court of Appeals of Washington

Decided October 25, 1982No. 4736-5-IIPublishedCited by 10 opinions

1Opinion of the CourtReed, C.J.

We are asked to decide whether service of process by publication is sufficient to support a default judgment for child support against a nonresident defendant. We hold that it is not.

On August 28, 1975, Teresa Johnston obtained a default judgment for (1) dissolution of her marriage with Johnny Johnston and (2) child support. Because Mr. Johnston had moved to an unknown location in California, summons was published in the Tacoma Daily Index. RCW 4.28.100. In 1979 Mr. Johnston returned to Washington and Teresa initiated an action to collect arrearages in child support. Mr. Johnston filed a…

2Cases cited7 opinions

  1. Tyee Construction Co. v. Dulien Steel Products, Inc.Washington Supreme Court · 1963
  2. Ware v. PhillipsWashington Supreme Court · 1970
  3. Paxton v. DaniellWashington Supreme Court · 1890
  4. Hays v. PeaveyWashington Supreme Court · 1909
  5. Dobbins v. BealCourt of Appeals of Washington · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re the Marriage of MarkowskiCourt of Appeals of Washington · 1988
  2. Lohman v. LohmanCourt of Appeals of Maryland · 1993
  3. Matter of Marriage of LoggCourt of Appeals of Washington · 1994
  4. Himes v. MacIntyre-HimesWashington Supreme Court · 1998
  5. Ghebreghiorghis v. Department of Labor & IndustriesCourt of Appeals of Washington · 1998

5 more not listed; retrieve them via the Exa API.

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