Merrill v. Bachelder

Citations

• 123 Cal. 674
• 56 P. 618
• 1899 Cal. LEXIS 1136

Syllabus

<p>Injunction—Restraining Sale by Administratrix—Evidence—Former Judgment—Recitals—Stipulations.—In an action to restrain the sale of land by an administratrix, a former judgment in favor of the plaintiff against the defendant, which recited that a trial was had before the court, “and the evidence being closed, the said parties in open court stipulated and agreed that the plaintiff should have judgment as prayed for,” is admissible in evidence in support of the plaintiff’s title. Such former judgment is valid upon its face, and is not rendered void, by reason of the recitals therein, showing that the administratrix stipulated for the judgment.</p> <p>Id.—Stipulation by Administratrix—Effect as Evidence—Jurisdiction.—The stipulation by the administratrix was only evidence before the court to be considered in rendering its judgment; and it was within the jurisdiction of the court to determine its effect, and no error in passing thereon can render the judgment void, or be reviewed otherwise than upon appeal from the judgment.</p> <p>Id.—Authority of Administratrix—Sufficiency of Evidence—Presumptions—Support of Judgment.—All intendments are in favor of the correctness of the former judgment; and it must he presumed in support thereof that the administratrix obtained proper authority to consent to the judgment; and also that the evidence before the court, apart from the stipulation, was sufficient to authorize the judgment.</p>