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COSTELLO v. MCFADDEN9/18/1996
of entering default judgment for $379.28 without any proof of damages although statute required such proof); Early v. Early, 338 Md. 639, 652, 659 A.2d 1334, 1340 (1995) (irregularity for vacating judgment defined as "failure to follow required process or procedure" in the conduct of a suit; irregularity consisted of clerk's failure to send copy of order terminating child support to child support recovery unit in violation of civil procedure rule); Henderson v. Jackson, 77 Md. App. 393, 401, 550 A.2d 713, 715 (1988) (irregularity consisted of clerk's failure to notify defendant of an order of default as civil procedure rule required); Hardy v. Hardy, 269 Md. 412, 416-18, 306 A.2d 244, 247-48 (1973) (irregularity consisted of waiving notice of publication in name change case where civil procedure rule required publication); Mutual Benefit Soc'y of Baltimore, Inc. v. Haywood, 257 Md. 538, 541-42, 263 A.2d 868, 870-71 (1970) (irregularity consisted of clerk's failure to give parties notice of contemplated dismissal for lack of prosecution; state rule required notice but supreme court rule did not; held, state rule prevailed and court ruled dismissal order must be vacated because of the irregularity); McDaniel v. Lovelace, 439 S.W.2d 906, 910-11 (Mo. 1969) (irregularity for vacating judgment defined as "want of adherence to some prescribed rule or mode of procedure, consisting either in omitting to do something that is necessary for the due and orderly conduct of the suit, or in doing it at an unreasonable time or in an improper manner"; irregularity consisted of failure to appoint guardian ad litem for minor as required by civil procedure rule); Northcutt v. King, 23 N.M. 515, 518, 169 P. 473, 474-75 (1917) (irregularity for vacating judgment defined as "the want of adherence to some prescribed rule or mode of proceeding; and it consists either in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unseasonable time or improper manner [:] . . . a departure from some prescribed rule or regulation"; irregularity consisted of court dismissing action on foreign judgment because defendants did not file affidavit of residence as they had agreed to do; held that because no statute or court order required the affidavit, the judgment was contrary to course of law and practice of the courts).
To better understand the meaning of irregularity, we think it would be helpful to keep in mind the different types of judgments and the remedies for correcting errors in them. According to one court, [553 NW2d Page 612]
udgments may be void, irregular or erroneous. A void judgment is one that has merely semblance, without some essential element or elements, as where the Court purporting to render it has not jurisdiction. An irregular judgment is one entered contrary to the method of procedure and practice under it allowed by law in some material respect; as if the Court gave judgment without the intervention of a jury in a case where the party complaining was entitled to a jury trial and did not waive his right to the same. An erroneous judgment is one rendered contrary to law. The latter cannot be attacked collaterally at all, but it must remain and have effect until by appeal to a Court of Errors it shall be reversed or modified. An irregular judgment may ordinarily and generally be set aside by a motion for the purpose in the action. This is so because in such case a judgment was entered contrary to the course of the Court by inadvertence, mistake or the like. A void judgment is without life or force, and the Court will quash it on motion. . . . Indeed, when it appears to be void, it may and will be ignored everywhere, and treated as a mere nullity.
Car
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