Rowley v. Howard

Citations

• 23 Cal. 401

Syllabus

<p>The return of a Deputy Sheriff, on a process served, is a nullity, unless made in the name of the Sheriff.</p> <p>The jurisdiction of Justices’ Courts is special and limited, and the law presumes nothing in favor of their jurisdiction. A party who asserts a right under a judgment rendered in a Justice’s Court, must show affirmatively every fact necessary to give the Court jurisdiction to render such judgment.</p> <p>The acts in relation to the collection of delinquent taxes, which compel the defendant to verify his answer, do not change the rule in the forty-sixth section of the Practice Act, “ that where the complaint is not verified, a general denial of its allegation in the answer will put in issue all its material allegations.”</p> <p>A summons was served by a Deputy Sheriff, and returned with the following signature to the return: “Elijah T. Cole, D. S.” Judgment was rendered by default: held, that the judgment was null and void, for want of jurisdiction. The general tale applicable to all judgments is, that they cannot be impeached . in a collateral action, for errors or irregularities, but may be for want of jurisdiction.</p>