Ottawa, March Term, 1880.
Appearance—by the Attorney General—in proceeding for delinquent taxes. On error to reverse a judgment rendered in the county court for delinquent taxes due to a city, and also for State and county taxes, where the Attorney General enters his appearance, waiving service of process, hut submitting to the consideration of the court whether such waiver will give this court jurisdiction as affecting the city taxes, it was held, the appearance of the Attorney General, in behalf the People, in respect to any of the interests involved in the suit, was a good appearance as to the entire proceeding, thus obviating the necessity of service of process for any purpose.
This was a proceeding, in the county court of Will county, for judgment for delinquent taxes due to the city of Joliet, and to the county and State. Judgment having been entered for such taxes, the cause is brought to this court on error.
Mr. E. Meers, city attorney of the city of Joliet,
entered his motion, in behalf of the People, for a continuance, on the ground that there had been no service of scire facias.
Mr. James K. Edsall, Attorney General,
Mr. James K. Edsall, Attorney General,
appeared, and consented, in behalf of the People, that the cause should stand as if process had been duly served, submitting to the court, however, whether such waiver of service of process on his part would give to this court jurisdiction as affecting the taxes of the city of Joliet, involved in the proceeding.
Scott, J.:
The entry of the appearance of the Attorney General, in behalf of the People, and waiver of service of process, will be regarded as an appearance in respect of all ' the interests involved in the proceeding, and therefore as obviating the necessity of any service of process. The motion for a continuance will be denied.
Continuance refused.