Fanning v. Foley

Citations

• 99 Cal. 336
• 33 P. 1098
• 1893 Cal. LEXIS 664

Syllabus

<p>Eobeclosube of Stbeet Assessment—Sebvioe of Summons upon Guabdian of Minob Ownbb of Land—Impbopeb Default—Void Deobee.—Where a minor is the owner of the land upon which a street assessment is sought to be foreclosed, a service of the summons upon his guardian without serving it upon him personally is insufficient, and a default entered against the guardian does not hind either the guardian or the minor, and a decree rendered thereon is absolutely void, and should be vacated on motion.</p> <p>Id.—Sebvioe of Retubned Summons—Quashino Void Sebvioe.—A returned summons is functus officio, and the service of it cannot be made thereafter; and service of a copy of such summons more than eleven years after the filing of the complaint upon a street assessment, made upon the grantee of the land, who was never made a party to the suit, and who did not appear in the case, is void, and such service may be quashed upon his motion.</p> <p>Id.—Dismissal of Action—Want of Pboseoution.—An action to enforce a street assessment is properly dismissed for want of prosecution where there has been no proper service of summons upon the owner of the land for a period of eleven years after the filing of the complaint, and the owner of the land may appear for the purpose of moving to dismiss such action after vacation of a void decree foreclosing a lien for the assessment, the plaintiff having lost all right to bring him in as a party defendant.</p>