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SALTS v. ESTES

No. 64024-6.

943 P.2d 275 (1997)

133 Wash.2d 160

Carl SALTS, a single man, Petitioner, v. Cliff ESTES and "Jane Doe" Estes, husband and wife and the marital community composed thereof, Respondents.

Supreme Court of Washington, En Banc.

Decided September 4, 1997.

Reconsideration Denied October 30, 1997.

Attorney(s) appearing for the Case

George M. Riecan & Associates, George M. Riecan, Tacoma, for petitioner.

Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Timothy Whitters, Tacoma, for respondent.

TALMADGE, Justice.

We are asked in this case to determine if service of process upon a person who was merely looking after the defendant's home in his absence was sufficient under our substitute service of process statute, RCW 4.28.080(15). RCW 4.28.080(15) has remained essentially untouched by the Legislature since it was enacted in 1893. What the Legislature has not seen fit to do—change the wording of the statute—we decline to do by judicial proclamation...

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