Diggins v. Reay

Citations

• 54 Cal. 525

Syllabus

<p>Practice—Parties.—In an action to enforce a street assessment, judgment was entered against all tlie defendants except one. who had not been served with process, and who was alleged in the complaint to he interested. Held, that the judgment was erroneous; 1st, because the case had not, been disposed of as to tlie defendant not served; and 2ndly, because, in such a case as this, the statute gives no authority for a decree enforcing the lien, in the absence of any of the parties interested.</p>