(Download) "Wulff-Hansen & Co. V. Silvers" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free
eBook details
- Title: Wulff-Hansen & Co. V. Silvers
- Author : Supreme Court Of California In Bank
- Release Date : January 01, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
CURTIS, J. In this proceeding instituted in 1936 the plaintiff sought a judgment to compel the city of Lakeport and designated officials thereof -- namely, the treasurer, tax collector, auditor and assessor -- to perform the duties enjoined upon them by law in connection with the enforcement of street assessment liens, and in particular to force a tax sale of certain described real property. By the same action the plaintiff also sought to quiet title against certain individuals claiming the lands involved as the result of purchase at foreclosure sale, and to have it declared that these defendants hold such property subject to the street assessment liens which became delinquent subsequent to the filing of the foreclosure proceedings, and that such liens were not extinguished by the decree of foreclosure. Following the court's sustaining of the demurrer of the defendant city and its treasurer to the first amended complaint and the plaintiff's failure to amend its pleading as to them within the time required by law after having received written notice of the court's ruling, a judgment of dismissal was entered as to these defendants. Accordingly, the action was tried only as against the remaining city officials above mentioned and the individual claimants of the real property. The facts were undisputed. Findings and judgment were entered in favor of the defendants against whom the plaintiff elected to proceed to trial, that the plaintiff take nothing by its action. This appeal is based upon the judgment roll alone, it being the appellant's contention that the findings justify the relief sought by it. Preliminarily it should be said that the propriety of the trial court's dismissal of the city of Lakeport and its treasurer from this action is not challenged by either the appellant or the respondents herein, and consequently these originally named defendants are not before this court upon this appeal.