Legal Opinion

Diggins v. Reay

California Supreme Court

Decided July 1, 1880No. 5,807PublishedCited by 6 opinions

Appeal from a judgment for the plaintiff, in the Third Dis' trict Court, City and County of San Francisco. McKee, J. The facts are stated in the opinion.

1Opinion of the Court

Department No. 2, Thornton, J.:

This is an action to enforce a street assessment. The appeal is prosecuted by the defendant from the judgment.

The action was brought against Joseph W. Eeay and Joseph Eeay, who, with several other persons named as defendants, were alleged to have been at the time the assessment was made, and still continued to be when the action was commenced, the owners in fee of the lot of land assessed. It does not appear from the transcript which contains the judgment roll, that Joseph Eeay was ever served with summons, or appeared in the case in person, or by attorney.

Neithe…

2Cases cited1 opinion

  1. Hancock v. BowmanCalifornia Supreme Court · 1874

3Cited by6 opinions

  1. Robinson v. MerrillCalifornia Supreme Court · 1890
  2. Parker v. AltschulCalifornia Supreme Court · 1882
  3. Harney v. AppelgateCalifornia Supreme Court · 1881
  4. Pacific States Savings & Loan Co. v. PerezCalifornia Court of Appeal · 1942
  5. Driscoll v. HowardCalifornia Supreme Court · 1883

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