California Supreme Court July 1, 1875, No. 4283 (Campbell v. Adams)

By the Court, Crockett, J.:

The motion by Lewis to vacate and set aside the writ of restitution is founded on the assumption that not having been named as a defendant in the action his voluntary appearance was unauthorized and void, and that the judgment against him is a nullity, notwithstanding his appearance. McKinlay v. Tuttle (42 Cal. 571) is relied upon as supporting this proposition.