Harrison

I concur in the judgment, upon the ground that the judgment sought to be set aside is not void on its face.

*611 But I do not concur in the language quoted from People v. Goodhue, 80 Cal. 200 . The Goodhue case was properly decided, I think, upon the ground stated in the concurring opinion therein of Mr. Justice Paterson; but the opinion of the court was concurred in by a majority of the justices, including myself, without, I think, giving due consideration to former decisions. In People v. Mullen, 65 Cal. 396 , People v. Pearson, 76 Cal. 400 , and People v. Greene, 74 Cal. 400 , it had been distinctly held that a judgment void on its face could he set aside on motion, without regard to the lapse of time; and in my judgment there was no occasion to overrule these decisions, or to overturn the established rule on the subject. I think that People v. Goodhue, supra, should itself he disregarded so far as it conflicts with the other cases above named.

This is an appeal from an order made vacating a judgment on motion. The judgment was vacated by the court below. The order was reversed in Department One (People v. Harrison, 22 Pac. Rep. 1143 ), and a rehearing granted. The ground upon which it was sought to vacate the judgment was, that the summons was not personally served on the defendant, and was published without the aiiidavit for such publication required by the statute. The motion to vacate was made sixteen years after the judgment was rendered. The evidence shows that all the papers in the original action, upon *608 which the judgment was founded, were lost, and the motion was attempted to be sustained on parol testimony-alone. There are cases decided by this court which recognize the right of a defendant, or his successor in interest, to vacate a judgment on mere motion after the time limited by statute. (People v. Mullan, 65 Cal. 396 ; People v. Pearson, 76 Cal. 400 ; People v. Greene, 74 Cal. 400 .) But as was said in People v. Goodhue, 80 Cal. 200 : “We know of no provision of law which can be held to authorize the vacation of a judgment on a mere motion after so long a time.” Of course, a judgment void on its face…