People v. Greene

Decided July 1, 1878

California Supreme Court · decided 1878-07-01

On the 15th day of October, 1868, the defendant located, and, on the 16th day of December, 1868, purchased from the State the north half of section eighteen, township number nine north, range thirty-three west, San Bernardino base and meridian, lying in the County of Santa Barbara, and containing. three hundred and twenty acres. On the day of purchase, the defendant received from the State a certificate of purchase numbered one thousand three hundred and ninety-three.

Cited by 6 later decisions — most recently January 1896

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-07-01

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¶1The summons was radically defective. ISTo land is described, nor is it stated that the interest of any body in any land is sought to be foreclosed, nor that any certificate of purchase is sought to be annulled.

¶2Jo Hamilton, Attorney-General, for the People.

By the Court :

¶3Sec. 407 of the Code of Civil Procedure provides that the summons shall contain “ the cause and general nature of the action.” The summons in this case is fatally defective in this particular. It does not substantially state the cause or general nature of the action set forth in the complaint. The service of the summons was by publication, and the defendants failing to appear, judgment was taken by default. The summons was so radically defective that no judgment could properly be entered under it.

¶4Judgment reversed, and cause remanded. Remittitur forthwith.