Jacks v. Baldez

Citations

• 97 Cal. 91
• 31 P. 899
• 1892 Cal. LEXIS 764

Syllabus

<p>Vacation of Judgment— Power of Court — Motion after Time Limited— Notice of Order Overruling Demurrer—Judgment Roll. — Aside from the power granted by section 473 of the Code of Civil Procedure, a judgment can only be vacated upon motion when it is void upon its face; and it is error for the trial court to grant such a motion, not made under that section, but made more than eleven months after the date of the judgment, and based upon the grounds that the moving parties were not served with notice of the decision of the court overruling their demurrer, and granting them time to answer, where the judgment ro'.l contains no copy of the notice, and appears to be complete and entire in all its parts.</p> <p>Id. — Judgment, when Void upon its Face. —A judgment is void upon its face only when that fact is made apparent by an inspection of the judgment roll.</p> <p>Id.—Judgment Roll — Notice of Overruling of Demurrer.—Notice of the overruling of a demurrer is not part of the judgment roll.</p>