Soule v. Billings
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action of ejectment for an undivided fourth part of a tract of about eighty acres of land in the City and County of San Francisco. The suit was originally commenced in the name of William A. Quarles, Administrator of the Estate of Thomas B. Hope; but afterwards, Soule being appointed administrator in his place, he was substituted in this case.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action of ejectment for an undivided fourth part of a tract of about eighty acres of land in the City and County of San Francisco. The suit was originally commenced in the name of William A. Quarles, Administrator of the Estate of Thomas B. Hope; but afterwards, Soule being appointed administrator in his place, he was substituted in this case. The defendants embraced about seventeen persons well known, and a great number of fictitious names, alleged to be unknown. The action was…
1Opinion of the Court
By the Court, Sprague, J.:
The respondents do not appear to have been made or ever to have become parties to the suit in which, upon their motion, the order appealed from was made; neither of them was named as a party plaintiff or defendant, and no service of summons appears to have been made upon them or either of them, nor has any appearance been entered in the suit for either; neither of them has answered or demurred, nor have they asked to be made party thereto or to intervene therein; but without right or authority derived from any code of civil procedure with which I am acquainted they…
2Cited by1 opinion
- Kreiss v. HotalingCalifornia Supreme Court · 1893