Logan v. Hillegass (1860) · DecisionDepot

Logan v. Hillegass

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1860Published

Before: Field

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Holding. A complaint seeking to enjoin the enforcement of a default judgment is insufficient if it fails to allege that the underlying claim was paid or that a valid defense exists, regardless of whether the alleged defects are void or merely irregular.

Issues

Whether a judgment lacking a court seal or containing procedural irregularities warrants injunctive relief without an allegation of a valid defense or payment of the claim.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“If the judgment in question be not absolutely void, and the defects alleged be mere irregularities, to be reached by motion before judgment, or on appeal, the complaint is insufficient.”

“It does not aver that the plaintiff has ever paid the claim for the recovery of which the action was brought, or that he has any valid defense to the same.”

Synopsis

If, as contended in this case, a judgment by default be void, because of the absence of the seal of the District Court to the summons issued in the action in which the judgment was entered, or because of a defect in the certificate of the Sheriff of the service of summons and copy of complaint, or because of irregularities of the Clerk in entering the judgment, the District Court can quash the execution issued on such judgment, and injunction to restrain the enforcement thereof does not lie.

If such judgment be not void, but merely irregular, because of the defects named, and the defects can be reached by motion before judgment, or on appeal, then the complaint here to enjoin the enforcement of the judgment, should aver that plaintiff has paid the. claim for the recovery of which the action was brought, or that he has a valid defense to the same.

Field, C. J. delivered the opinion of the Court Cope, J. concurring.

The plaintiff seeks to enjoin the enforcement of a judgment rendered against him by default in June, 1855, and bases his claim to the relief upon the absence of the seal of the District Court to the summons issued in the action in which the judgment was entered, the alleged defective certificate of the Sheriff of the service of the summons and copy of the complaint, and irregularities of the Clerk in entering the judgment. If, for any of these reasons, the judgment be absolutely void, as contended by counsel, the appellant has a perfect remedy, by application to the District Court to quash the execution. That Court can, at any time, arrest all process issued by its Clerk on judgments which are void. If the judgment in question be not absolutely void, and the defects alleged be mere irregularities, to be reached by motion before judgment, or on appeal, the complaint is insufficient. It does not aver that the plaintiff has ever paid the claim for the recovery of which the action was brought, or that he has any valid defense to the same. (See Chipman v. Bowman and Gregory v. Ford, decided at the October term, 1859, and Gibbons v. Scott et al., decided at the January term, 1860.)

Judgment affirmed.

Logan v. Hillegass

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