Perkins v. Wakeham

Citations

• 86 Cal. 580
• 25 P. 51
• 1890 Cal. LEXIS 1070

Syllabus

<p>Dismissal of Appeal — New Trial — Service of Notice of Intention — Unauthorized Acceptance of Service of Statement. — An appeal from a new-trial order will be dismissed, so far as it affects a respondent upon whom the notice of intention to move for a new trial was not served, and who had given no authority to the attorney who accepted service of the statement, which fact was known to the appellant at the time of service.</p> <p>Quieting Title — Service of Summons by Publication — Validity of Judgment by Default. — A judgment in an action to quiet title to land against a non-resident is not void because of the service of the summons upon him, by publication, while absent from the state, although he does not answer or appear in the action.</p> <p>Id.—Power of State — Regulating Tenure of Realty — Constructive Service of Summons. — A state has power to regulate the tenure of immovable property within its limits, the conditions of its ownership, and the modes of establishing the same, whether the owner be a citizen or stranger, and may provide for quieting title to land within its limits by constructive service of summons.</p> <p>Id__Decree Quasi in Rem. — Although a decree quieting title is not in rem, strictly speaking, it fixes and settles the title to real estate, and to that extent partakes of the nature of a judgment in rem.</p> <p>Publication of Summons — Validity of Code Provision—Proceedings in Personam. — Section 412 of the Code of Civil Procedure, providing for the service of summons upon non-residents, by publication, although general, and in terms applicable to all actions, is not invalid because it includes in its provisions proceedings purely in personam.</p>