Shaw v. McGregor

California Supreme Court

Shaw v. McGregor

8 Cal. 521

California Supreme Court·Decided July 1, 1857·Published·Cited by 10 cases

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.

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

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Opinion

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