Parker v. Garcia
Parker v. Garcia
Opinion of the Court
The complaint filed in this action sought to recover possession of certain real estate, and in this connection a regular 20-day
On appeal, and for the first time, it is urged that the plaintiff’s complaint initiated an unlawful detainer action and limited the jurisdiction of the court to the statutory issue in such an action. On this formulation it is argued that the trial court erred in entertaining the cross-complaint and granting specific performance based thereon. In Little v. Catania, 48 Wn. (2d) 890, 893, 297 P. (2d) 255 (1956), the court stated:
“The special summons employed was wholly insufficient to give the court jurisdiction of the parties in a general proceeding. . . .”
Conversely, in the instant case, the 20-day summons did give the trial court jurisdiction of the parties in a general proceeding. We are convinced that the assignment of error in the instant case is without merit, and that on the authority of Little v. Catania, supra, Young v. Riley, 59 Wn. (2d) 50, 365 P. (2d) 769 (1961), and Sundholm v. Patch, 62 Wn. (2d) 244, 382 P. (2d) 262 (1963), the judgment of the trial court should be affirmed.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.