Crane v. Hirshfelder

Citations

• 17 Cal. 582

Syllabus

<p>The true meaning of the statute (Pr. Act, sec. 390,) authorizing the Clerk to enter judgment upon an offer on the part of defendant to suffer judgment for a specified sum, etc., is, that he can enter judgment only where the offer is made after action is brought by the filing of the complaint and while pending; and where a party hands to the Clerk the complaint, offer of judgment and notice of acceptance of the offer, at the same time, and thereupon the Clerk enters judgment, it is void.</p> <p>A judgment so entered is not merely irregular. The Clerk has no power so to enter it; and wherever, as in a few exceptional cases, the Clerk has power to enter judgments, he must pursue substantially the direction of the statute, or his acts will be invalid.</p> <p>Patrick v. Montader (13 Cal.) was a case of mere irregularity, not affecting the jurisdiction.</p>