People v. Thomas

Citations

• 101 Cal. 571
• 36 P. 9
• 1894 Cal. LEXIS 1078

Syllabus

<p>Judgment—Validity—Judgment-roll.—A judgment is void upon its face only when that fact is made apparent hy an inspection of the judgment-roll.</p> <p>Id.—Affidavit and Order for Publication.—The affidavit and order for publication of summons required by section 412 of the Code of Civil Procedure constitute no part of the judgment-roll, and their absence does not show the invalidity of the judgment in the light of the judgment-roll.</p> <p>Id.—Affidavit of Publication of Summons by “Publisher”—Presumption.—The affidavit of publication of summons is part of the judgment-roll; but it is not insufficient merely because made by the “publisher” and not by the “printer or foreman or principal clerk” as required by the terms of section 415 of the Code of Civil Procedure. The “publisher” of the paper is presumed to be its “printer” in the absence of a showing to the contrary.</p> <p>Id.—Vacation oe Judgment—Limitation oe Time.—A judgment void upon its face may be vacated at any time upon motion; and a judgment in fact void for want of jurisdiction over the person of the defendant, where its invalidity does not appear from the judgment-roll, may be vacated upon motion within a reasonable time after its entry, and at least within the time limited by section 473 of the Code of Oivil Procedure. What is the extreme limit of time allowed for such motion, not decided.</p> <p>Id.—Equitable Remedy—Foreclosure oe Certificate oe Purchase oe State Lands—Rights oe Third Parties.—A judgment foreclosing a certificate of purchase of state lands should not be set aside on motion of a corporation, to whom the lands embraced in the certificate had been transferred prior to the commencement of the action, after the lapse of twelve years from the date of the judgment, during which time the conveyance to the corporation had not been recorded, nor the register of the state land office notified thereof, where it appears that five years previous to the motion the state had sold part of the lands t