Elliott v. Paterson
California Supreme Court Mar 21, 1884 No. No. 9,392Published
Synopsis
Mandamus—Death of a Pasty—Adhinstibatob—Substitution.—A judgment rendered against a party to an action after his death is not void on its face. Proceedings must be taken to set aside the judgment before an application for a mandamus can be made by the administrator of the decedent to compel the court to substitute him as a party to the action.
The Court. Application for a writ of mandate.
We are of the opinion that the writ should not issue, so long as the judgment stands; the judgment is not void on its face. The petitioner should procure the judgment to be set aside before making his application for mandamus.
Writ denied.
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