Truman v. Robinson

Citations

• 44 Cal. 623

Syllabus

<p>Service of Summons is Tax Case.—In an action to recover judgment for taxes, in which real estate is made a party, the summons on the real estate may be served by delivering a copy thereof to the person or persons in possession, or by posting a copy in some public place thereon, as provided in the Bevenue Act of 1861, or by publishing the summons for eight weeks, as provided in the Act of 1862.</p> <p>Idem.—The provisions of the Bevenue Acts of 1862 and 1864, as to service of summons on real estate in tax cases, do not repeal the provisions in the Bevenue Act of 1861 upon the same subject, but are merely cumulative.</p> <p>Becital in Judgment of Service of Summons.—A recital in a judgment rendered for a tax on real estate, that all owners and claimants of the property have been duly summoned to answer the complaint, and have made default, is proof of those facts.</p> <p>Legislative Power.—The Legislature has power to provide that a recital in a judgment, that the summons has been served on all the defendants, and that they have made default, shall he proof of such facts, and it is not within the province of the Courts to declare such law void.</p>