Thero v. Franklin

<p>1. Courts — Jurisdiction—Presumption. Although as to facts touching which a domestic record is silent, it will be presumed that what ought to have been done was rightly done, as Comp. Laws 1907, section 3197, mates a complaint which is not answered, with the memorandum indorsed thereon of default, and the summons with proof of service, a part of the judgment roll, the whole of which may be looked to,' where the ‘record and judgment itself showed the summons issued on an original complaint, but no service or even filing of an amended complaint, thus reciting what was done in such respect to confer jurisdiction to render judgment on the amended complaint, it may not then be conclusively presumed that something else or additional was done. (Page 592.)</p> <p>2. Evidence — Judicial Admissions by Counsel — Validity op Judgment. Whatever legal presumptions as to service and personal jurisdictions might be indulged from mere silence, when the truth of a fact which renders a judgment void, is judicially admitted, in open court and during the proceedings, for all purposes of the cause in which it is made, and as against him who made it, it ought to be treated as void. (Page 595.)</p> <p>3. Judgment — Vacation—Want oe Jurisdiction. Under Comp. Laws 1907, section 2964, requiring service of a copy of an amendment to a complaint, where the court, more than eight years after a default judgment, void because the complaint was not verified as required by Rev. St. 1898, section 3179, was rendered and entered, permitted the plaintiff, without notice or process, but on ex parte application, to amend his complaint, and without service thereof or notice of any hind, rendered and entered judgment thereon, it acted without authority, and the judgment so rendered and the transcript filed with the • recorder did not constitute a valid lien on property of the defendant in that action. (Page 597.)</p>