Wright v. Broom

1. Judges of the superior court “can not exercise any power out of term time, except the authority is expressly granted; but they may, by order granted in term, render a judgment .in vacation.” Civil Code (1910), § 4854. It follows that “what purports to be a consent decree having been entered in vacation, and there being no order in term authorizing the decree to be so entered, and the same not having been entered at a time and place fixed under the provisions of the Civil Code [of 1895], § 4323 [Code of 1910, § 4852] et seq., it is inoperative as a judgment of the court, for the reason that…