California Central Creameries Co. v. Crescent City Light, Water & Power Co.

It appears from the record in this case that the court, on the sixteenth day of June, 1915, directed the attorneys for the plaintiff to prepare findings of facts, conclusions of law and judgment in favor of plaintiff and against the defendant; that counsel for plaintiff did prepare such findings and judgment and they were signed by the trial judge on said sixteenth day of June, 1915, and filed. Counsel for appellant invokes the provisions of section 634 of the Code of Civil Procedure, and claims that because said findings were not served upon him at least five days before being signed, the judgment is void. The part of said section relied upon by counsel is worded as follows: "In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties to the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration of such five days."

1. The judgment is not void. The court had jurisdiction of the subject matter of the action and of the defendant. The judgment rendered was one within the jurisdiction of the court. A judgment is only void when, upon an inspection of the judgment-roll, it appears that the court either did not have or has exceeded its jurisdiction. "Whether a judgment is void upon its face can only be determined by an inspection of the judgment-roll." (People v. Temple, 103 Cal. 447, [37 P. 414];Jacks v. Baldez, 97 Cal. 91, [31 P. 899].) "The question is to be determined by an inspection of the record only. (Butler v. Soule, 124 Cal. 69, 72, [56 P. 601].) Unless the record of the judgment itself affirmatively shows that the court was without jurisdiction to render the judgment, it is not void on its face." (Canadian etc. Co. v. Clarita etc. Co.,140 Cal. 672, [74 P. 301].) *Page 621 A judgment prematurely rendered is not void. Thus, a judgment rendered and entered against a defendant by default before the time allowed to him by law to answer is not void, but only erroneous. (In re Newman, 75 Cal. 213, [7 Am. St. Rep. 146, 16 P. 887].)

The direction of the court that plaintiff's attorney prepare findings and judgment is no part of the judgment-roll (sec.670, Code Civ. Proc.), and hence an inspection of it would not disclose that such direction was given. Upon the face of the judgment-roll there appears a judgment of a competent court upon a subject matter within its jurisdiction, against a party properly before it, and such a judgment as it was by law authorized to make. No matter what errors in practice or procedure may have occurred, such a judgment will not be held to be void, and is not.