Gates v. Lane

Citations

• 44 Cal. 392

Syllabus

<p>Parties in Action to Enjoin Judgment.—When one of the defendants in a joint judgment sues to have the judgment perpetually enjoined, his co-defendants should be made parties to the action, or sufficient reasons for the omission to make them parties should be stated in the complaint.</p> <p>Idem.—In such case, if the defendants in the judgment are not all made parties, the Court should exercise its authority under the seventeenth section of the Practice Act, and require the omitted parties to be brought in.</p> <p>Query?—If the judgment of a Justice of the Peace is void on its face, will As enforcement by execution be restrained by injunction?</p> <p>Query?—If an execution is issued by the County Clerk on a judgment rendered by a Justice, after a transcript of the judgment is filed, with the Clerk, what Court has authority to entertain,a motion to quash it?</p> <p>Pacts to be Stated in Pleading.—In pleading, the essential facts upon which the legal points in the controversy depend, should he stated with clearness and precision, so that nothing is left for the Court to surmise.</p>