Shaw v. McGregor

California Supreme Court

Shaw v. McGregor

8 Cal. 521

CourtCalifornia Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by10 cases

This text of 8 Cal. 521 (Shaw v. McGregor) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shaw v. McGregor, 8 Cal. 521 (Cal. 1857).

Pincite

Opinion

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.

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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.

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Bluebook (online)

8 Cal. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-mcgregor-cal-1857.

Opinion

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