Gray v. Hawes

Citations

• 8 Cal. 562

Syllabus

<p>A sale under a void judgment passes no title. If the judgment is merely voidable, the sale is good.</p> <p>A judgment, void for want of personal jurisdiction, is not cured by the appearance of the party for the purpose of vacating it.</p> <p>To sustain a personal judgment, the Court must have jurisdiction of the subject-matter, and of the person.</p> <p>Where the jurisdiction of the Court, as to the subject-matter, has been limited by the Constitution or by statute, the consent of parties cannot confer jurisdiction.</p> <p>But when the. limit regards certain persons, they may, if competent waive their privilege, and this will give the Court jurisdiction.</p> <p>The presumption in favor of the judgment of a Court of general jurisdiction, is overthrown when the record of the entire case discloses a want of jurisdiction.</p>