Childs v. Lanterman

Citations

• 103 Cal. 387
• 37 P. 382
• 1894 Cal. LEXIS 785

Syllabus

<p>Infancy—Validity of Judgment—Guardian Ad Litem.—A judgment against an infant in an action in which no guardian ad litem has been appointed is not for that reason void.</p> <p>Id.—Appearance by Attorney.—A judgment rendered against an infant in an action in which he has appeared by an attorney will be upheld as fully as though he had appeared in person.</p> <p>Id.—Authority of Attorney—Presumption—Ratification—Waiver of Objection.—The appearance by an attorney in behalf of an infant will be presumed to have been authorized by him, so far as the direction and consent of the infant can give authority; and if, after reaching majority, instead of repudiating such appearance he treats the judgment as having been regularly entered, and makes no objection upon the ground of illegality or want of jurisdiction, he waives his right thereafter to make such objection.</p> <p>Id.—Motion For a New Trial and Appeal—Confirmation of Judgment—Estoppel.—A judgment against an infant in an action in which he has appeared by attorney will he considered as confirmed, if, after he comes of age, he takes any action in reference thereto which is consistent only with assuming its validity; and if he thereafter moves the court for a new trial, and, failing therein, appeals to the supreme court from the order and judgment, he cannot, after.the affirmance of the judgment, maintain a motion to set aside the findings and judgment, and to strike out the answer filed in his behalf, upon the ground of his infancy at the time the answer was filed and the trial had, and for the want of authority in the attorney to appear in his behalf.</p> <p>Id.—Submission of Person to Jurisdiction of Court.—If a defendant, though not served with process, seeks such relief at the hands of the court as is consistent only with the hypothesis that the court has jurisdiction of the cause and of his person, he thereby submits himself to the jurisdiction of the court, and is bound by its action as fully as if he had been