27 Wash. 247 | Wash. | 1902
The opinion of the court was delivered by
This is an action under forcible entry and detainer statute (§ 5532, Bal. Code). On the 8th day of May, 1901, the sheriff of Pierce county served upon the appellant the summons and copy of the complaint. On the 22d day of May, 1901, the respondent filed with the clerk of the superior court in and for Pierce county its com
The assignments of error are: (1) The court erred in denying appellant’s motion on his special appearance to quash and set aside special service of summons made in said cause; (2) the court erred in taking, assuming and entertaining jurisdiction of the appellant and the property involved, and in granting the respondent a judgment in said cause; (3) the court was without jurisdiction whatever, and the order of judgment made was absolutely void. The essential contention is in the first assignment; for, if the court erred in denying the motion to quash, it follow? that the court was without jurisdiction and the judgment was void. But we think the motion to quash was properly denied. Section 5532, supra, in relation to forcible entry and detainer, provides that upon filing the complaint a summons must he issued thereon as in other cases; and it is contended by the appellant that the statute has not been followed in this case, for the reason that the complaint should have been filed before the summons was served. Since the enactment of the statute above referred to, the law in relation to the commencement of civil actions has-
The judgment of the lower court will be affirmed.
Reavis, C. J., and White, Mount, Anders, Fullerton and Hadley, JJ., concur.