Shaw v. McGregor

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

In this case, the plaintiff obtained judgment by default, in the Court below, October 15,1856. On the eleventh of ¡November following, being at a subsequent term of the Court, the judgment was set aside, on motion of defendant. Plaintiff appealed.

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Decided 1857-07-01

How this case has been cited

Cited by 9 later decisions — most recently December 1992

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

¶1Appeal 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.”

¶2In 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.

¶3The order of the Court below is reversed, with costs.