Crim v. Kessing

Citations

• 89 Cal. 478
• 26 P. 1074
• 1891 Cal. LEXIS 842

Syllabus

<p>Judgment—Action—Deficiency Judgment in Foreclosure Suit— Evidence. — Where, in an action upon a deficiency judgment rendered in a suit for foreclosure of a mortgage, the plaintiffs offered in evidence the judgment roll, containing a judgment of the same court, in terms purporting to be the deficiency judgment alleged in the complaint, in favor of the plaintiffs’ testator, and against the defendant in the foreclosure suit, in which he had appeared, and of which the court had jurisdiction, it was not error for the court to admit it in evidence.</p> <p>Id.—CONOLUSIVENESS UPON COLLATERAL ATTACK — JURISDICTION — EQUITABLE Defense — Pleading. —The judgment of a domestic court of general jurisdiction is conclusively presumed to be correct, and when introduced in evidence in another proceeding, cannot be impeached, unless the record of the judgment shows that the court did not have jurisdiction of the subject-matter of the action or of the person of the defendant.</p> <p>Id. — Substitution of Successor — Order Made and not Entered — Nunc pro Tunc Order — Collateral Attack. — Where an order of the court was made in the action of foreclosure, substituting the successor in interest of the plaintiff as plaintiff in the action, hut the order was not entered in the minutes by the clerk, the court has jurisdiction to have an order entered nunc pro tunc, making the substitution; and its action in making such order is conclusive against any collateral attack.</p> <p>Id.—Power of Amendment — Notice—Conclusiveness of Correction — Evidence. — All courts of record have the inherent power to correct their records so that they shall conform to the actual facts and speak the truth of the ease; and such correction may he made at any time, either upon the motion of the court itself without notice, or at the instance of any party interested; and when made, the corrected record, as well as the order making the correction, is conclusive upon any other court in which the record is offered in