People v. Harrison

Citations

• 84 Cal. 607
• 24 P. 311
• 1890 Cal. LEXIS 851

Syllabus

<p>Motion to Vacate Judgment — Lapse op Time Limited by Statute — Action. — A motion will not lie to vacate a Judgment alter the lapse of the time limited by statute, if the judgment is not void on its face, and in all cases, after the lapse of such time, when the attempt is made to vacate the judgment by a proceeding in court for that purposes, an action regularly brought is preferable, and should be required.</p> <p>Id. —Judgment Void on its Face. —A judgment void on its face is one that appears to be void by inspection of the judgment roll, and it is only such a judgment that can be attacked either directly or collaterally, without reference to the lapse of time.</p> <p>Id. —Omission of Proof of Service of Process — Recital in Judgment. — The mere absence from the judgment roll of a paper showing the service of summons, personally or by publication, cannot invalidate the judgment, if it recites that the defendant was regularly served with process as required by law; and a motion will not lie to vacate a judgment containing such recital after the lapse of sixteen years from the entry of the judgment.</p>