Lick v. Stockdale

Citations

• 18 Cal. 219

Syllabus

<p>Although, on judgment by default in ejectment, the judgment roll does not show that defendant was ever served with process or appeared—the summons and return not being in the roll—still if the finding of the Court, before which the case was tried, be that defendant was duly served with process, the judgment, on appeal therefrom on the roll alone, on the ground that the Court below never had jurisdiction of defendant, will stand. The finding is evidence of the facts it recites and supports the judgment; and mistakes, if any, in these recitals cannot be corrected, m this way, on appeal.</p> <p>A judgment does not depend upon the clerk performing his duty in making up the judgment roll, or in preserving the papers. If the facts necessary to give jurisdiction to the Court exist, the judgment is good.</p> <p>In ejectment against several defendants occupying different portions of the property sued for, several judgments may be entered and at different times—and this, whether upon trial, on separate findings or verdicts, or on findings by the Court, or after default.</p> <p>Possibly as the entry of such several judgments increases the costs, it would be ground for retaxing or apportioning them.</p> <p>In ejectment against several defendants occupying different portions of the land sued for, some of whom answer and others make default, and none appearing-on the trial, the Court may make a general finding and enter a joint judgment against all the defendants for possession of the land and costs.</p>