County of Yolo v. Knight

Belcher, C. C.

This is an appeal from a judgment by default condemning certain land owned by the defendant, for the purposes of a public ‘highway.

Only one question need be considered, and that relates to the jurisdiction of the court to enter the judgment.

When the complaint was filed the defendant was in England. A summons was issued, and returned by the sheriff, with his certificate that he had been unable to find the defendant in Yolo County. Thereupon the attorney for plaintiff made an affidavit, and upon it asked and obtained an order for the publication of the summons. The affidavit…