Jacks v. Baldez
Jacks v. Baldez
Opinion of the Court
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.
Let the order be reversed, and the cause remanded.
Paterson, J., and Harrison, J., concurred.
Hearing in Bank denied.
Reference
- Full Case Name
- DAVID JACKS v. CARLOS BALDEZ
- Cited By
- 28 cases
- Status
- Published
- Syllabus
- Vacation of Judgment— Power of Court — Motion after Time Limited— Notice of Order Overruling Demurrer—Judgment Roll. — Aside from the power granted by section 473 of the Code of Civil Procedure, a judgment can only be vacated upon motion when it is void upon its face; and it is error for the trial court to grant such a motion, not made under that section, but made more than eleven months after the date of the judgment, and based upon the grounds that the moving parties were not served with notice of the decision of the court overruling their demurrer, and granting them time to answer, where the judgment ro'.l contains no copy of the notice, and appears to be complete and entire in all its parts. Id. — Judgment, when Void upon its Face. —A judgment is void upon its face only when that fact is made apparent by an inspection of the judgment roll. Id.—Judgment Roll — Notice of Overruling of Demurrer.—Notice of the overruling of a demurrer is not part of the judgment roll.