Lawrence v. Booth

Citations

• 46 Cal. 187
• 1873 Cal. LEXIS 156

Syllabus

<p>Cost of Publishing Summons. — In an action brought by the State, under the Act of 1868, for the sale of lands belonging to the State, to annul a certificate of purchase for failure to make payment, if summons is published, the cost of publishing the same must be taxed in the costs, and a judgment rendered against the defendant therefor.</p> <p>Idem.—If such judgment cannot be collected by execution out of the defendant’s property, and if the lands are school lands, the cost of publication must be paid by the State out of the General Fund.</p> <p>Idem. — In snch case, the Board of Examiners must audit the claim for publishing summons at the amount taxed by the District Court, even if no specific appropriation has been made by the Legislature therefor.</p>