Linehan v. Hathaway (1880) · DecisionDepot

Linehan v. Hathaway

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

California Supreme Court Jul 1, 1880 No. No. 6,372Published

Before: Department, Sharpstein

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Holding. A judgment in a partition action cannot be collaterally attacked when the court had jurisdiction over the parties and the subject matter, even if the judgment is alleged to be erroneous.

Issues

Whether a judgment in a partition action is subject to collateral attack when the court had jurisdiction over the parties and subject matter.

Disposition. Affirmed

Synopsis

Judgment — Estoppel—Partition.—A judgment in a partition suit is conclusive as an estoppel upon all parties thereto; and, though erroneous, cannot he attacked collaterally.

Department No. 2, Sharpstein, J.: This is an appeal from a judgment of nonsuit in an action of ejectment. One of the defenses to the action was, that the premises sued for were allotted to the defendant in an action of partition to which the plaintiff was a party, and in which she appeared by an attorney who conducted her defense throughout the entire proceeding. No appeal has ever been taken from the judgment in partition. But it is contended on behalf of appellant that said judgment is absolutely void. We cannot so regard it. The Court had jurisdiction of the parties and of the [254]subject-matter of the action; and its judgment, if erroneous, cannot be attacked in a collateral proceeding.

Judgment affirmed.

Thornton, P. J., and Myrick J., concurred.

Linehan v. Hathaway

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