Forbes v. Hyde

Citations

• 31 Cal. 342

Syllabus

<p>Jurisdiction of Person by Appearance of Attorney.—If an attorney who appears for a part only of several defendants, afterwards inadvertently files an answer for all, and when he discovers his mistake, obtains an order allowing him to withdraw his answer and substitute a new one limited to the defendants for whom he intended to answer, the Court will acquire jurisdiction only of those defendants for whom the attorney finally appears.</p> <p>Void Judgment.—A judgment absolutely void upon its face may be attacked anywhere, directly or collaterally, either by parties or strangers.</p> <p>When Judgment of Superior Court is Void.—Jurisdiction will generally be presumed in the case of superior Courts; but if the want of jurisdiction appears on the face of the record of the judgment of a superior Court, the judgment is void, and it may be attacked in a collateral proceeding.</p> <p>When Order of Publication of Summons Erroneous, but not Void.—When the affidavit for publication of summons presents some evidence tending to prove each jurisdictional fact, but of a character clearly too inconclusive to justify an order of publication, the order is erroneous, and the judgment will be reversed on appeal; but it is not void. If there is a total want of evidence upon which to base the order, the judgment is void. In the former case the judgment cannot be attacked collaterally, but only on appeal.</p> <p>Time of making Affidavit for Publication of Summons.—Query ? If an order for the publication of summons is based on an affidavit that the defendant resides out of the State, which affidavit is made four months before the order is applied for, has the Judge jurisdiction to make the order, and is not the judgment void?</p> <p>Affidavit for Publication of Summons must show Cause of Action.—The existence of it cause of action against the defendant is a jurisdictional fact which must be made to appear before an order for publication of summons can be made, and if it does not appear by