People v. DeCarrillo

Citations

• 35 Cal. 37

Syllabus

<p>Default—Entry of, .a Ministerial Act.—The entry of a default in a case authorized by law, is a ministerial act to be performed by the Clerk, and the disqualifications of the Judge of the Court to try the cause does not disqualify the Clerk for the performance of this duty.</p> <p>Default—When Entry of by Clerk not Required.—In certain cases for the collection of taxes, (Stats. 1863-4, p. 399,) no entry of default by the Clerk is necessary; but a default is deemed made on the failure of defendants to appear and plead within the time prescribed by law.</p> <p>Assessment for Taxes.—A complaint in a tax suit which shows only that the property taxed was assessed as the estate of R., deceased, and that the defendants, at the time of the assessment, owned and possessed it, does not state facts sufficient to constitute a cause of action, because not showing that the property was assessed to any particular party whose duty it was to pay the taxes, or that it was made to unknown owners.</p>