Sherer v. Superior Court , 96 Cal. 653 ( 1892 )

Paterson, J., dissenting.

— I am unable to agree with the majority in this case. When it appears upon the face of the record that judgment has been arbitrarily rendered, in any case, against a party without a trial or hearing, as if he were in default when he is not, the action of the court — it matters not what court it is — is in excess of its jurisdiction; in my opinion, its judgment is absolutely void, subject to collateral attack, and ought to be annulled on certiorari.