Modica v. Modica

Sec 11576 GC specifies the causes for which a judgment may be vacated and a new trial granted during the term. Sec. 11578 GC provides that such motion must be filed within three days after the entry of the judgment, unless unavoidably prevented and on the ground of newly discovered evidence.

Sec 11631 to 11643 GC specify the grounds upon which a judgment may be vacated after term, and provide the proceedings which must be had to bring the matter properly before the court.

We have no statute providing, for the vacation of judgments during tffie term after said 3-day limitation. However, it is a…