Mutzig v. Hope

1. The plaintiff contends that by reason of the lapse of more than eleven years the defendant should be barred by laches, or the statute of limitations, from now attacking the validity of the judgment. But, if the court never acquired jurisdiction of the person of the defendant, the service of summons being a nullity and there being no general appearance, the judgment would be absolutely void. Under such conditions the judgment might be vacated at any time, either upon motion of the defendant or by the court upon its own motion, and delay or failure of the defendant to move to vacate the same…