Keybers v. McComber

Citations

• 67 Cal. 395
• 7 P. 838
• 1885 Cal. LEXIS 654

Syllabus

<p>Justice’s Court—Judgment—Jurisdiction Must Affirmatively Appeab.— A Justice’s Court is an inferior court, and a party relying upon or claiming any right under its judgments must affirmativc-ly show its jurisdiction.</p> <p>Id.—Summons—Defective Statement in—Voidable Judgment—Default.— The summons in an action in a Justice’s Court for a trespass on land contained a statement that in case of the defendant’s failure to answer, “ the plaintiff would take judgment for the amount claimed in the complaint.” Reid, that a judgment by default rendered after a personal service on the defendant was voidable only and could not be collaterally attacked.</p> <p>Exemption fbom Execution a Pebsonal Pbivilege__Exemption of property from execution is a personal privilege which may be claimed or waived at the option of the debtor.</p> <p>Id.—How and when must be Claimed.—Where a debtor has more property of a particular kind than is exempt from execution, and a writ is levied ' upon a portion thereof, leaving as much as the law exempts, and thereafter the debtor claims as exempt a portion of the property levied upon, the residue in the hands of the officer being insufficient to satisfy the writ, the debtor to make good his claim of exemption must offer to surrender to the officer the other property of the same general kind subject to execution, or so much as may be necessary to satisfy the writ, and failing to do so he is not entitled to recover against the officer for an unlawful seizure.</p>