People ex rel. Schwartz v. Temple

Citations

• 103 Cal. 447
• 37 P. 414
• 1894 Cal. LEXIS 800

Syllabus

<p>Vacation of Judgment—Time of Motion—Want of Jurisdiction of Person.—A judgment which is void upon its face, and which requires only an inspection of the judgment-roll to show its invalidity, will he set aside on motion by the court rendering it at any time after its entry; hut if it is not void upon its face, and its invalidity does not appear from the judgment-roll, it cannot he set aside upon motion for want of jurisdiction over the person of the defendant, unless the motion is made within a reasonable time after its entry, not exceeding the limit fixed by section 473 of the Code of Civil Procedure.</p> <p>Id.—Validity • of Judgment—Judgment-roll—Summons—Service by Publication—Affidavit and Order.—Whether a judgment is void upon its face or not can only be determined by an inspection of the judgment-roll, and when the service of summons is by publication, the affidavit and order for publication are no part of the judgment-roll, and cannot he considered.</p> <p>Id.—State School Land—Annulment of Purchase—Void Order Setting Aside Judgment.—Where the judgment-roll in an action by the people to foreclose the interest of a purchaser of state school land, and to annul the certificate of purchase, shows service of summons by publication, and contains all the papers properly constituting the judgment-roll, which are all in proper form and sufficient, the fact that no affidavit or order for the publication of summons is found among the papers, and that there is no entry in the record that any such affidavit or order was ever made, is immaterial; and the judgment not being void upon its face, the court has no power to grant a motion made more than twelve years after the judgment was entered, to set it aside for want of jurisdiction of the person of the defendant, and its action in so doing must be held void and of no effect.</p> <p>Id.-—Remedy by Action—Power oe Court.—When a judgment is not void upon its face, the court has no power to set it aside on motion, unless the