Meade v. Scribner
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Cochise. Thomas Armstrong, Jr., Temporary Judge. The facts are stated in the opinion. The rendition of the judgment out of term was void under paragraph 1442 of the Revised Statutes of 1901. 11 Eney. of Plead. & Prac., p. 813; Puget Sound A. Go. v. Pierce County,, 1 Wash.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Cochise. Thomas Armstrong, Jr., Temporary Judge. The facts are stated in the opinion. The rendition of the judgment out of term was void under paragraph 1442 of the Revised Statutes of 1901. 11 Eney. of Plead. & Prac., p. 813; Puget Sound A. Go. v. Pierce County,, 1 Wash. Tr. 75; Black on Judgments, pars. 177, 180; Freeman on Judgments, 121; Doss v. Waggoner, 3 Tex. 515; Wicks v. Ludwig, 9 Cal. 173; Smith v. Chechester, 1 Cal. 409. The power to render a judgment, nunc pro tunc, after the…
1Opinion of the CourtCampbell, J.
This cause was tried to the court
without a jury on August 13, 1904. The court took the case under advisement, with leave to counsel to file written argu*35ments. The record here does not disclose the time within which these .arguments were to be filed nor the date of the final submission of the case. On September 27, 1905, the judge filed with the clerk of the court his findings of fact, conclusions of law, and judgment, all being filed as of the December term, 1904. The following recitation appears in the judgment: “Done at Phoenix, this 27th day of December, 1905, as of the December, 1904,…
2Cases cited4 opinions
- Tarpenning v. CannonSupreme Court of Kansas · 1882
- Reed v. LaneSupreme Court of Iowa · 1895
- Trulock v. MerteSupreme Court of Iowa · 1887
- Abraham v. LevyCourt of Appeals for the Fifth Circuit · 1896
3Cited by1 opinion
- Kinsley v. New Vulture Mining Co.Arizona Supreme Court · 1907