7 Cal. 53
Decided July 1, 1857
California Supreme Court · decided 1857-07-01
A judgment entered in vacation is void. Appeal from the District Court of the Seventh Judicial District, County of Solano. In this case, judgment was entered against the defendant by the clerk, on the report of a referee, in vacation. This was the judgment sought to be enjoined in the ease of Phelps v. Peabody, decided at this term. Defendant appealed.
Cited by 1 later decisions — most recently January 1871
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1857-07-01
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¶1delivered the opinion of the Court—Burnett, J., concurring.
¶2This case comes fully within the rule established in Smith v. Chichester, 1 Cal., 409, and reiterated in Coffinberg v. Horrill et al., October T., 1855.
¶3Judgment reversed and cause remanded.