Pico v. Sunol

Citations

• 6 Cal. 294
• 1856 Cal. LEXIS 133

Syllabus

<p>An injunction will not lie to enjoin a judgment by default, on the ground that the sheriff's return on the summons does not show the place in which service was madQ on the defendant, where it is proved on the hearing of the application for injunction, that defendant was served in a certain county of this State more than forty days before entry of his default.</p> <p>Courts of equity will not interfere to enjoin a judgment not manifestly wrong, simply because of a defect in the evidence.</p> <p>The remedy of the defendant is by appeal, or motion to vacate the judgment.</p>