Bell v. Thompson
California Supreme Court
Appeal from the Twelfth District. The suit in which the judgment sought to be set aside was rendered, was brought by plaintiffs, as executors of one McKenzie, deceased, against Thompson as surviving partner of the firm of McKenzie, Thompson & Co., for an account of the affairs of the firm, which Thompson was alleged to have wound up, and for a judgment for a balance claimed. Thompson being a nonresident of the State, summons was served by publication.
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Appeal from the Twelfth District. The suit in which the judgment sought to be set aside was rendered, was brought by plaintiffs, as executors of one McKenzie, deceased, against Thompson as surviving partner of the firm of McKenzie, Thompson & Co., for an account of the affairs of the firm, which Thompson was alleged to have wound up, and for a judgment for a balance claimed. Thompson being a nonresident of the State, summons was served by publication. After the publication was complete, the case was sent to a referee to state an account, and on his report judgment was rendered for plaintiffs…
1Opinion of the CourtNorton, J.
Field, C. J. concurring.
This is an appeal from an order denying a motion to set aside a judgment.
The judgment was rendered on the ninth day of August, A. D. 1856, and the motion to set it aside was made on the sixteenth day of March, 1861, on a notice which had been served on the ninth day of the same month.
As early as 1852, it was decided in the ease of Baldwin v. Kromer (2 Cal. 582) “ that after the expiration of a term of the District Court, no power remains in it to set aside a judgment, or grant a new trial.” This has been reiterated in numerous cases since. In the case of Robb v. Robb…
2Cases cited3 opinions
- Chipman v. BowmanCalifornia Supreme Court · 1859
- Baldwin v. KramerCalifornia Supreme Court · 1852
- Robb v. RobbCalifornia Supreme Court · 1856
3Cited by19 opinions
- People v. KaramanCalifornia Supreme Court · 1992
- People v. McAllisterCalifornia Supreme Court · 1940
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- People v. HarrisonCalifornia Supreme Court · 1890
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