Hahn v. Kelly
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. This was an action to quiet title to a tract of land situate in Alameda County, and to restrain a sale thereof. The facts are as follows, to wit: On the twentieth day of January, 1857, Horace Hawes commenced an action in the District Court of the Twelfth Judicial District, for the County of San Mateo, against Wm.
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Appeal from the District Court, Third Judicial District, Alameda County. This was an action to quiet title to a tract of land situate in Alameda County, and to restrain a sale thereof. The facts are as follows, to wit: On the twentieth day of January, 1857, Horace Hawes commenced an action in the District Court of the Twelfth Judicial District, for the County of San Mateo, against Wm. Carey Jones and Charles Brown, to obtain the foreclosure of a certain mortgage, before that time made by J ones in favor of Hawes, and then alleged to he due and unpaid. Such proceedings were had in the action…
1Opinion of the Court
By the Court, Sandeeson, J.:
Where the judgment of a Court of superior jurisdiction is offered in evidence, during the progress of a trial, it may be attacked by the opposite side upon the ground that the Court by which it was rendered had no jurisdiction, either of the subject matter or of the person of the defendant, or both; for any judgment of any Court is absolutely void, if it appear that there was a want of jurisdiction in either respect. In support of this attack, however, no facts or circumstances can be shown, or relied upon, which do not appear upon the face of what, under the law…
2Cases cited7 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
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- Steinbach v. LeeseCalifornia Supreme Court · 1865
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3Cited by153 opinions
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