People v. Goodhue
California Supreme Court
Appeal from an order of the Superior Court of Tulare County denying a motion to set aside a judgment. The original action was brought to foreclose the interest of the defendants in a certificate of purchase of certain state lands, and a decree of foreclosure was rendered therein October 30,1865. The motion to set aside the decree of foreclosure was made by the Pioneer Land Company as the successor in interest of one of the defendants, on the 31st of December, 1888, upon the…
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Appeal from an order of the Superior Court of Tulare County denying a motion to set aside a judgment. The original action was brought to foreclose the interest of the defendants in a certificate of purchase of certain state lands, and a decree of foreclosure was rendered therein October 30,1865. The motion to set aside the decree of foreclosure was made by the Pioneer Land Company as the successor in interest of one of the defendants, on the 31st of December, 1888, upon the grounds stated in the opinion of the court, and that company appeals from the order denying the motion.
1Opinion of the CourtWorks, J.
This is an appeal from an order denying a motion to vacate a judgment. The judgment was rendered October 30, 1865, and this motion was made December 31,1888.
We know of no provision of law which can be held to authorize the vacation of a judgment on a mere motion after so long a time. We have a provision authorizing such a proceeding within a limited time on certain grounds enumerated. (Code Civ. Proc., sec. 473; People v. Mullan, 65 Cal. 396.)
The motion here is made by the grantee of the judgment defendant, and is based on two grounds, viz., that the court rendering the judgment had not…
2Cases cited1 opinion
- People v. MullanCalifornia Supreme Court · 1884
3Cited by7 opinions
- Lake v. BonyngeCalifornia Supreme Court · 1911
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- Liuzza v. BellCalifornia Court of Appeal · 1940
- Elliott v. BastianUtah Supreme Court · 1895
- People v. BlakeCalifornia Supreme Court · 1890
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