Chase v. Christianson

Citations

• 41 Cal. 253

Syllabus

<p>Collateral Attack on Judgment.—If the Court has jurisdiction of the subject matter, and. acquires jurisdiction of the person of the defendant, the decision of all other questions arising in the cause is hut the exercise of that jurisdiction, and an erroneous decision of any of these other questions cannot impair the validity and binding force of the judgment, when brought in question collaterally. *</p> <p>Erroneous Judgment not Void.—A judgment rendered by the Court in a cause in which it has jurisdiction of the subject matter and of the person is not void, even though it may exceed the measure of relief demanded in the complaint, and no answer may have been filed.</p> <p>Stay op Execution.—The Court will not, on motion, order a perpetual stay of execution on an erroneous judgment, if it had jurisdiction of the subject matter and of the person of defendant.</p> <p>Section One Hundred and Forty-seven op the Practice Act.—Section one hundred and forty-seven of the Practice Act, which provides that the relief granted to the plaintiff shall not exceed that asked in the complaint, has no application to questions of jurisdiction.</p>