McCoy v. Morrison

California Supreme Court August 30, 1882

McCoy v. Morrison, 61 Cal. 363 (Cal. 1882)

1882 Cal. LEXIS 620

McKee

Opinion of the Court

The Court :

Upon the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374, the judgment and order are affirmed.

McKee, J., dissenting:

I dissent: In my judgment the case in hand does not belong to the class of cases covered by Truman v. Robinson and Branson v. Caruthers.

Full Case Name: JAMES McCOY v. JOSEPH MORRISON
Status: Published
Syllabus: Tax Suit—Proof of Service of Summons—Recitals in Judgment—Jurisdiction.—Ejectment. Plaintiff deraigned title under a judgment entered July 13 1871, in an action for taxes against certain unknown defendants, sued by fictitious names, and the land in controversy; which recited, that “all owners and claimants of the property had been duly summoned to answer the complaint, and had made default. ” Judgment for the plaintiff and order denying a new trial affirmed, on the authority of Truman v. Robinson, 44 Cal. 623, and Branson v. Caruthers, 49 id. 374. McKee, J., dissents.