Hancock v. Bowman
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. 1 Action to enforce a lien for work done in improving a street in San Francisco, commenced August 1, 1870. The resolution of intention to improve the street was passed May 3, 18G9. The name of the plaintiff’s attorney was printed at the bottom of the complaint instead of being written, and the complaint was printed, except blanks, in which there was writing.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. 1 Action to enforce a lien for work done in improving a street in San Francisco, commenced August 1, 1870. The resolution of intention to improve the street was passed May 3, 18G9. The name of the plaintiff’s attorney was printed at the bottom of the complaint instead of being written, and the complaint was printed, except blanks, in which there was writing. The defendants moved the Court to strike out the judgment-roll, because the name of the plaintiff’s attorney was not written, but printed at the…
1Opinion of the Court
By the Court, McKinstry, J.:
The complaint alleges that both defendants are owners of the lot against which it is sought to enforce the assessment. The default of Bowman was entered, but the summons was never served on Bofer, nor was there any attempt to take his default. Wet the decree provides for the sale of the lot, and that both defendants—and all persons claiming under them—be forever barred and foreclosed from asserting any right or title in the premises, etc. The statute gives no authority for a decree enforcing the lien, in the absence of Bofer, one of the parties in interest. (People…
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