Cloud v. El Dorado County
California Supreme Court
Appeal from the Eleventh District, County of El Dorado. The facts, as disclosed by the opinion of the Court, are as follows: This was an ejectment for a lot in the town of Coloma. The facts are, that L. W. Hastings and Peter Wimmer, 'on the sixth of July, 1850, confessed judgment in the District Court for Sacramento county for more than $9,000. The judgment was rendered in open Court.
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Appeal from the Eleventh District, County of El Dorado. The facts, as disclosed by the opinion of the Court, are as follows: This was an ejectment for a lot in the town of Coloma. The facts are, that L. W. Hastings and Peter Wimmer, 'on the sixth of July, 1850, confessed judgment in the District Court for Sacramento county for more than $9,000. The judgment was rendered in open Court. On the twenty-ninth of August, 1850, an execution of fi.fa. issued, directed to the Sheriff of El Dorado county, returnable in forty-two days from date; which writ came to the hands of the Sheriff on the…
1Opinion of the CourtBaldwin, J.
Upon the statement in this case several questions arise :
1. It is argued that the judgment confessed by Wimmer et al. in the suit of Henley & Co. against him and others is void. We think not. The judgment having been rendered in open Court upon an allegation of indebtedness, and an appearance by the parties, whatever errors intervened, they cannot, at the instance of any one not a party to the judgment, be invoked to set aside or show the judgment a nullity. The Court had jurisdiction both of the parties and the subject matter, and no manner of exercising that jurisdiction makes void the…
2Cases cited1 opinion
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
3Cited by9 opinions
- Gray v. HallCalifornia Supreme Court · 1928
- Hihn v. PeckCalifornia Supreme Court · 1866
- Willamette Real Estate Co. v. HendrixOregon Supreme Court · 1895
- Associated Oil Co. v. MullinCalifornia Court of Appeal · 1930
- Moore v. MartinCalifornia Supreme Court · 1869
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