Crocker

Alameda County v. Crocker

Good Law
125 Cal. 101·1899 Cal. LEXIS 808·57 P. 766
Supreme Court of CaliforniaJune 17, 1899S. F. 1179California2,055 words

Opinion

Lead Opinion

Chipman, J.

Action to condemn lands for a public high-way in the county of Alameda. There were twelve defendants named in the complaint, four of whom were sued by the fictitious names of John Doe, Richard Roe, John White, and James Black; Mary V. Baldwin, George W. Patterson, R. W. Allen, and Catharine M. Allen, whose names do not appear in the complaint, appeared as defendants. George W. Patterson an-swered under the name of Richard Roe, claiming to own the land alleged to belong to A. Patterson; R. W. Allen was served under the name of Richard Roe; Catharine M. Allen appeared by demurrer under .a fictitious name not stated; the Allens (R. W. and Catharine) answered “as sued and served under fictitious names"(the fictitious names not stated) claiming to own the laud alleged to belong to Mrs. F. J. Hall, alias Phebe J. Hall, defendant named in the complaint, and Mary V. Bald-win appeared by demurrer under the name of John Doe. Ho amendment of the complaint was made inserting the true names of these four who appeared after the complaint was filed. Defendant Pope defaulting, a preliminary decree was entered against him August 24,1894, and a final decree October 29, 1894, condemning his lands,…

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