California Supreme Court July 1, 1871, No. 2,494 (Chase v. Christianson)

By the Court, Wallace, J.:

The motion made by Murdoch to set aside the execution and to perpetually stay all other proceedings upon the personal judgment against him, was correctly denied.

The motion proceeded upon the assumed ground that the judgment itself was not merely erroneous, but was utterly void—so much waste paper—and to be treated as a mere nullity whenever and however assailed.