Logan v. Hillegass

Citations

• 16 Cal. 200
• 1860 Cal. LEXIS 207

Syllabus

<p>If, as contended in this case, a judgment by default be void, because of the absence of the seal of the District Court to the summons issued in the action in which the judgment was entered, or because of a defect in the certificate of the Sheriff of the service of summons and copy of complaint, or because of irregularities of the Clerk in entering the judgment, the District Court can quash the execution issued on such judgment, and injunction to restrain the enforcement thereof does not lie.</p> <p>If such judgment be not void, but merely irregular, because of the defects named, and the defects can be reached by motion before judgment, or on appeal, then the complaint here to enjoin the enforcement of the judgment, should aver that plaintiff has paid the. claim for the recovery of which the action was brought, or that he has a valid defense to the same.</p>