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McCoy v. Morrison

61 Cal. 363 Court Cal. Decision date 1882-08-30 Docket No. 7,782 English

Decision Majority — The Court : · Dissent — McKee, J., dissenting:

Contents
p. 363
[No. 7,782
In Bank.
August 30, 1882.
JAMES McCOY v. JOSEPH MORRISON.

Headnote

Tax Suit—Proof of Service of Summons—Recitals in Judgment—Jurisdiction.—Ejectment. Plaintiff deraigned title under a judgment entered July 13 1871, in an action for taxes against certain unknown defendants, sued by fictitious names, and the land in controversy; which recited, that “all owners and claimants of the property had been duly summoned to answer the complaint, and had made default. ” Judgment for the plaintiff and order denying a new trial affirmed, on the authority of Truman v. Robinson, 44 Cal. 623 , and Branson v. Caruthers, 49 id. 374. McKee, J., dissents.
Appeal from a. judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of the County-of San Diego. McNealy, J.
The facts are stated in the syllabus.'
W. Jeff. Gatewood, A. B. Hotchkiss, and Graves & Chapman, for Appellant.
p. 364
Leach & Parker, and Chase, Arnold & Hunsaker, for Respondent.

Upon the authority of Truman v. Robinson, 44 Cal. 623 , and Branson v. Caruthers, 49 id. 374, the judgment and order are affirmed.

I dissent: In my judgment the case in hand does not belong to the class of cases covered by Truman v. Robinson and Branson v. Caruthers.

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