H. Newmark & Co. v. Chapman

Citations

• 53 Cal. 557

Syllabus

<p>Process Erroneous but not Void.—A copy of a judgment of foreclosure of a mortgage, issued by the Clerk to the Sheriff, will be regarded as process for the execution of the judgment, and although erroneous is not void, but may be amended.</p> <p>Writ on Assistance. — In proceedings for a writ of assistance, a person in possession under a lease, made after the commencement of the action to foreclose the mortgage, cannot collaterally attack the process on the ground that it is erroneous.</p>