Maxwell v. Cofer

Under an order properly sustaining a ground of demurrer, with the right of the plaintiff to amend the petition within five days "or else said petition is to be considered dismissed," the petition became automatically dismissed where an amendment, though "filed," was not "allowed" by the court.(a) Courts of record retain full control over their own orders and judgments, where not based on jury verdicts, during the term in which they are entered, as such orders and judgments remain "in the breast of the court."(b) It is a general principle of law that a court can not set aside or alter its…