gno.law

Shaw v. McGregor

California Supreme Court · · 1857-07-01 · Published · 8 Cal. 521

SHAW v. McGREGOR

Proceeding
appeal
Outcome
reversed — The order of the Court below is reversed, with costs.
Area
civil
Panel
Lawrence F. Terry, Albert G. Burnett

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Terryburnett

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

Appeal from an order setting aside judgment. We have heretofore decided that, “ after the adjournment of the term, the Court loses all control- over its judgments, unless its jurisdiction is saved by some motion or proceeding at the time, except when the summons has not been served', in which case a party may, within six months, move to set aside the judgment.”

In other eases, a Court has no power to vacate a judgment, on a motion made after the adjournment of the term at which the judgment was rendered. Carpentier v. Hart, 5 Cal., 406; Suydam v. Pilcher, 4 Cal., 280; Robb v. Robb, Jan. Term, 1857.

The order of the Court below is reversed, with costs.

Cites, in this corpus

Cited by