Jacks v. Baldez
California Supreme Court
Appeal from an order of the Superior Court of Monterey County setting aside a judgment. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is an appeal from an order setting aside a judgment. The motion was made eleven months after the judgment was entered, and was based upon the grounds that the moving parties, the defendants, were not served with notice of the decision of the court overruling their demurrer to the complaint, and allowing them twenty days to answer.
*92The motion to set aside and vacate this judgment was not made under the provisions of section 473 of the Code of Civil Procedure, and aside from the power there granted, a judgment can only be vacated upon motion when it is void upon its face. (Moore v. Supetior…
2Cases cited3 opinions
- People v. HarrisonCalifornia Supreme Court · 1890
- Moore v. Superior CourtCalifornia Supreme Court · 1890
- Catanich v. HayesCalifornia Supreme Court · 1877
3Cited by28 opinions
- De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
- Grannis v. Superior CourtCalifornia Supreme Court · 1905
- Canadian & American Mortgage & Trust Co. v. Clarita Land & Investment Co.California Supreme Court · 1903
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
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