Branger & Driard v. Chevalier
California Supreme Court
Motion to set aside the submission of the case to this Court on the record. This case was tried in the Court below, and the statement settled by the referee appointed by the Court for that purpose, and the statement, as settled, ordered to be engrossed. When engrossed by the attorney of appellant, it was certified to be correct by the Judge of the Superior Court, and filed with the clerk.
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Motion to set aside the submission of the case to this Court on the record. This case was tried in the Court below, and the statement settled by the referee appointed by the Court for that purpose, and the statement, as settled, ordered to be engrossed. When engrossed by the attorney of appellant, it was certified to be correct by the Judge of the Superior Court, and filed with the clerk. The counsel for respondent afterwards moved the Court to strike the engrossed statement from the record, for the reason that it was untrue, and-contained matters not included in the settled statement. On the…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The first question presented is, whether the Judge can after-wards set aside or revoke his certificate to the correctness of the statement.
We think that he may do so during the term of the Court at which the judgment was rendered. But after the time has expired, it cannot be done. The statement, when filed, becomes a matter of record. While the term lasts, the Court has power to amend the record. After the term has passed, the record can not be amended, unless there is something in the record to…
2Cases cited1 opinion
- Morrison v. DapmanCalifornia Supreme Court · 1853
3Cited by3 opinions
- Flynn v. CottleCalifornia Supreme Court · 1874
- Sprigg v. BarberCalifornia Supreme Court · 1897
- Fountain Water Co. v. Superior CourtCalifornia Supreme Court · 1903