Fagg v. Clements

Citations

• 16 Cal. 389

Syllabus

<p>A judgment by default rendered in a Justice’s Court, cannot be attacked collaterally as void for want of jurisdiction of the person of the defendant—who was a resident of the county, but not of the township in which the suit was instituted—wheib there appears in the record a certificate, indorsed on the summons by the officer serving it, and filed with the Justice who acted on it, that the summons was served on the defendant in the township in which suit was commenced.</p> <p>Such certificate is sufficient, prima facie, to establish the jurisdiction of the Justice. The objection to the jurisdiction, that defendant did not reside in the township where suit was brought, should have been taken at the trial; and as defendant failed to appear, the judgment is conclusive.</p>