Livermore v. Campbell
California Supreme Court
Application to the Supreme Court for a writ of prohibition. On the 10th day of December, 1877, Jefferson Gr. James, Horatio P. Livermore, and a number of other persons commenced an action against John Center and several other persons in Fresno County, Thirteenth Judicial District, to have them declared the trustees of the plaintiffs in the ownership of certain lands, and to quiet the title to said lands.
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Application to the Supreme Court for a writ of prohibition. On the 10th day of December, 1877, Jefferson Gr. James, Horatio P. Livermore, and a number of other persons commenced an action against John Center and several other persons in Fresno County, Thirteenth Judicial District, to have them declared the trustees of the plaintiffs in the ownership of certain lands, and to quiet the title to said lands. The defendants, most of them, answered, and also filed what they called cross - complaints; to which cross - complaints the plaintiffs filed answers. On the 15th of February, 1877, the…
1Opinion of the Court
By the Court :
The question underlying the discussion herein is, whether the order of the District Court setting aside the judgment entered by the Clerk is- appealable.
*77Section 989 of the Code of Civil Procedure gives an appeal: In the first subdivision from a final judgment, etc.—in the third subdivision from a special order made after final judgment.
It has been repeatedly held by this Court that an appeal lies from a void judgment, and it follows that an order setting aside a judgment in form, on the ground that it is in fact invalid, is also appealable, and until such appeal is heard this…
2Cited by22 opinions
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
- Vosburg v. VosburgCalifornia Supreme Court · 1902
- Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1914
- Colby v. PierceCalifornia Court of Appeal · 1936
- Potvin v. Pacific Greyhound Lines, Inc.California Court of Appeal · 1933
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