Gregory v. Ford

Citations

• 14 Cal. 138

Syllabus

<p>A defendant, having no defense to an action, cannot go into equity and enjoin a judgment by default, on the ground that the Sheriff’s return of service on him is false, and that in fact he had no notice of the proceeding.</p> <p>Equity interferes with judgments and proceedings at law, only in peculiar cases, not to correct errors and irregularities. It seldom or never interferes to enforce a mere technical right. There must he substantial merit.</p> <p>Where the error of a decree is apparent by reference to the bill and decree, the party aggrieved may assign the error, though no demurrer he interposed.</p> <p>The improper issuance of a second execution is no ground for equitable interference. Such irregularities must be corrected by the Court issuing the writ.</p> <p>Where the judgment of the Court recites that summons was served on defendant, the fact that, years afterward, there appears some erasure or interlineation on the Sheriff’s return is not sufficient to nullify the return, in the absence of a ■direct attack upon it for fraud, or forgery, or alteration.</p>