Witcher v. Jansen (1860) · DecisionDepot

Witcher v. Jansen

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

California Supreme Court Apr 6, 1860 No. No. 2783Published

Before: Baldwin, Cope

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Holding. The court held that the plaintiffs could not collaterally attack the judgment because they failed to demonstrate that the judgment was void, despite potential irregularities.

Issues

Whether the plaintiffs are entitled to recover money paid under an execution issued upon a judgment they allege is void.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The complaint shows that there was a good cause of action within the jurisdiction of the court, and there is nothing in the record entitling the plaintiffs to assail the judgment collaterally.”

“It may have been irregular, but it is not shown to have been void.”

Synopsis

APPEAL from Eleventh Judicial District, Placer County.

COPE, J. — This is an action to recover money paid to the sheriff of Placer county upon an execution issued from the county court of that county. The money was paid under protest, and the ground of recovery relied upon by the plaintiffs is that the execution was issued upon a void judgment. The complaint shows that there was a good cause of action within the jurisdiction of the court, and there is nothing in the record entitling the plaintiffs to assail the judgment collaterally. It may have been irregular, but it is not shown to have been void.

The judgment is affirmed.

I concur: Baldwin, J.

Witcher v. Jansen

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