Wicks v. Ludwig
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Trinity. This was an action of trespass to recover damages for injuries done by defendants, by cutting away a dam, ditch, and flume, constructed for mining purposes, and the property of plaintiffs. The defendants, in their answer, among other matters, plead and set up as a bar to this action, a former judgment of the District Court of Trinity county rendered herein, and aver that Ed.
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Appeal from the District Court of the Fifteenth Judicial District, County of Trinity. This was an action of trespass to recover damages for injuries done by defendants, by cutting away a dam, ditch, and flume, constructed for mining purposes, and the property of plaintiffs. The defendants, in their answer, among other matters, plead and set up as a bar to this action, a former judgment of the District Court of Trinity county rendered herein, and aver that Ed. Neblett, as sheriff of said county, together with the other defendants, by virtue of a writ of restitution issued on said judgment,…
1Opinion of the CourtTerry, C. J.
The record offered by defendants to support their plea of former judgment was improperly admitted in evidence; that which on its face purported to be the judgment of a competent Court is shown, by the finding and agreed statement, to have been a judgment entered in vacation, upon a trial had by stipulation before the judge and a jury after the adjournment of the Court for the term.
It is absolutely essential to the validity of a judgment that it be rendered by a Court of competent jurisdiction, at the time and place, and in the form prescribed by law. Jurisdiction, in certain cases, is given…
2Cases cited2 opinions
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