Johnson v. Hayes Cal Builders, Inc.

We are called upon to determine whether a default judgment taken against a defendant to this action may be set aside as void on its face because the defendant, a corporation, improperly substituted itself in propria persona in the place of its attorneys. We hold that although the surety on defendant’s attachment bond may intervene subsequent to the hearing on the default to show the invalidity of the default proceedings, the improper substitution does not affect the validity of the judgment.

Elmer L. Johnson, the original plaintiff, 1 brought this action against Hayes Cal Builders, Inc. (Hayes…