People v. One 1941 Chrysler Sedan
California Court of Appeal
1Opinion of the CourtPeters, P. J.
A rehearing was granted in this ease because of the contention of the attorney general, made for the first time on rehearing, that, even if the judgment here involved is void, since it is not void on its face, and since section 473a of the Code of Civil Procedure is not applicable, the sole remedy of the party adversely affected is an independent suit in equity unless such party moves to set the judgment aside within six months of its entry as provided in section 473 of the Code of Civil Procedure. Here the motion to set the judgment aside was made 363 days after the judgment of forfeiture by…
2Cases cited20 opinions
- Milliken v. MeyerSupreme Court of the United States · 1941
- McDonald v. MabeeSupreme Court of the United States · 1917
- People v. DavisCalifornia Supreme Court · 1904
- Estate of EstremCalifornia Supreme Court · 1940
- People v. BroadCalifornia Supreme Court · 1932
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
- Muller v. MullerCalifornia Court of Appeal · 1956
- Batte v. BandyCalifornia Court of Appeal · 1958
- Garcia v. GarciaUtah Supreme Court · 1986
- Rhode Island Insurance v. DowneyCalifornia Court of Appeal · 1949
13 more not listed; retrieve them via the Exa API.