People v. Pearson

Citations

• 76 Cal. 400
• 18 P. 424
• 1888 Cal. LEXIS 901

Syllabus

<p>Judgment by Default—Service of Summons by Publication—Want of Affidavit and Order — Vacating Judgment.—In an action to foreclose the interest of a delinquent purchaser of state lands, a judgment by default rendered upon a constructive service of summons by publication, without any affidavit or order for the publication, is void, and should be vacated at the instance of the defendant.</p> <p>Id. —Motion to Vacate — Time for Making. —A motion by the defendant to vacate such a judgment is in time, although made more than ten years after its entry.</p>