In re Estate of Eichhoff

Citations

• 101 Cal. 600
• 36 P. 11
• 1894 Cal. LEXIS 1085

Syllabus

<p>Judgment—Jurisdiction of Person—Absence of Proof—Presumption. A domestic judgment of a superior court, both of the parties to which are residents within the state, must be presumed to have been rendered with jurisdiction over the person of the defendant, when the same ig offered in evidence in another proceeding, although there is no proof of service of summons or appearance on the part of the defendant, and although the judgment is itself silent concerning the jurisdiction over the person of the defendant.</p> <p>Id.—Determination of Jurisdiction—Presumption of Evidence—Silence of Record.—The jurisdiction does not exist by virtue of the mere decision of the court that it has jurisdiction, but the presumption of jurisdiction exists, because the court is authorized to determine the ^ question of jurisdiction in the same mode as any other question of fact upon which its judgment is to rest, and its decision thereon is presumed to have been made upon evidence sufficient to sustain it; and this presumption does not depend upon the existence of any record of the decision, hut the necessity for the presumption arises only when the record is silent.</p> <p>Id.—Judgment Annulling Marriage—Insanity of Wife—Evidence.— A judgment annulling a marriage upon the ground of the fraud of the wife in concealing the fact that she was insane at the time of the marriage is competent evidence of the annulment of the marriage in favor of a widow of the deceased husband claiming under a subsequent marriage, upon her application for letters of administration upon bis estate, although there are no recitals in the judgment or in any part of the record of any service of summons on the insane wife, nor any appearance in her behalf in the action in which the judgment was rendered.</p> <p>Id.—Void Marriage—Second Marriage Before Decree of Annulment.—A decree annulling a marriage is a judicial determination of the status of the parties, and does not render the marriage void, but simply declares