Chester v. Miller

Citations

• 13 Cal. 558

Syllabus

<p>Equity has jurisdiction to vacate a judgment fraudulently altered, so as to include a defendant not served with process, and not originally included in the judgment.</p> <p>No objection to this jurisdiction, that the judgment was on its face void; because the plaintiff was liable to be harrassed by it, and defendants were in the act of enforcing it.</p> <p>When the record shows, in general terms, the appearance of parties, the appearance will be confined to those parties served with process.</p> <p>If there be any rule requiring the payment of a debt, in judgment, or a denial of its justice, before a party, complaining of judgment without notice to him, can ask equity to vacate it, that rule cannot apply to the case of judgment rendered for a penalty under a penal statute.</p> <p>An alteration by the Court, of a judgment, without notice, so as to include a party not served with process, if not void, is voidable at the election of the party.</p>