Livermore v. Campbell
H. P. LIVERMORE v. J. B. CAMPBELL
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court :
The question underlying the discussion herein is, whether the order of the District Court setting aside the judgment entered by the Clerk is- appealable.
*77Section 989 of the Code of Civil Procedure gives an appeal: In the first subdivision from a final judgment, etc.—in the third subdivision from a special order made after final judgment.
It has been repeatedly held by this Court that an appeal lies from a void judgment, and it follows that an order setting aside a judgment in form, on the ground that it is in fact invalid, is also appealable, and until such appeal is heard this Court will not inquire whether the Court or Clerk had or had not jurisdiction to enter the judgment.
The case being in this Court by appeal, the Court below cannot proceed in it until the appeal is heard and determined. (Code of Civil Procedure, sec. 946.)
Let a peremptory writ of prohibition issue as prayed for.
Cited by
- Phelan v. Superior Court S. F. 17884 · 1950-05-09
- Shrimpton v. Superior Court of L. A.Cty. L. A. 18644 · 1943-07-27
- Casner v. Superior Court Civ. 10624 · 1937-12-08
- Colby v. Pierce Civ. 1643 · 1936-07-31
- Potvin v. Pacific Greyhound Lines, Inc. Docket No. 700. · 1933-03-22
- Martin v. Miller Civ. No. 2800. · 1924-02-13
- Holland v. Superior Court of S.F. S.F. No. 7084. · 1915-02-15
- Parkside Realty Co. v. MacDonald S.F. No. 6348. · 1914-03-09
- Vosburg v. Vosburg L.A. No. 1017. · 1902-10-17
- Southern California Railway Co. v. Superior Court S.F. No. 1262. · 1899-12-30
- White v. Superior Court S. F. No. 94 · 1895-11-13
- Kaufman v. Superior Court S. F., No. 10 · 1895-08-05
- Davis v. Wallace No. 15,888 · 1895-01-05