Younger

This is an application for a writ of certiorari, for the purpose of reviewing an order of the superior court of the county of Santa Cruz, striking a complaint from the files. It appears from the verified petition and return that on July 15, 1899, one Helen Younger, as plaintiff, commenced an action in the superior court of Santa Cruz County for the partition of a tract of land in said county, described in the complaint, according to the respective rights of the parties to said action. The petitioner, Charles B. Younger, Jr., was made defendant, and the complaint in said cause alleges that the plaintiff therein and said Charles B. Younger, Jr., as joint tenants with each other, hold as tenants in common with certain other defendants therein named.

In said complaint Hon. Lucas F. Smith, the judge of the superior court of Santa Cruz County, was made a defendant, and it is alleged that he “claims to have some interest in or claim to or upon said above-described tract of land,” but that he has no interest in the same, nor in any part thereof.

On the eighteenth day of July, 1899, a summons was issued upon said complaint, which was served upon the Hon. Lucas F. Smith on the eighth day…