Herman v. Santee

Citations

• 103 Cal. 519
• 37 P. 509
• 1894 Cal. LEXIS 814

Syllabus

<p>Judgment by Default—Entry of Default—A valid judgment by default may be rendered by the court, though no formal default has been entered, the only purpose of a default being to limit the time during which the defendant may file his answer, which time never extends beyond a trial and judgment.</p> <p>Id.^Service of Summons—Proof of Service—Jurisdiction—Validity of Judgment.—The fact of the service of the summons and of the copy of a complaint in a civil action gives the court jurisdiction of the person of the defendant, and the proof of service is not essential to such jurisdiction; and a judgment by default rendered in a case where the proof of service was imperfect is not void if the service wafe in fact made.</p> <p>Id.—Amendment of Record—Proof of Service Nunc Pro Tunc.—The court may allow the proof of service to be amended and filed nunc pro tuna as of the date of the judgment, where such proof appears to have been defective or insufficient when the judgment was entered.</p> <p>Id.—Notice of Application For Amendment — Waiver.—Where the defendant was present in court when an application was made to file an amended proof of service of summons nunc pro tunc, and raised no objection for want of previous notice of the application, but proceeded to argue the question at length and took an exception to the ruling, his action was in effect a waiver of the notice, and he cannot be heard to complain on appeal of the action of the court on the ground that notice was not given of the application.</p>