In Re Whitmore

By the Court.

The petitioner contends:

“This application is predicated upon the proposition that the trial court lost jurisdiction by going beyond the precincts of the courtroom and out of sight and hearing of the proceedings and therefore all subsequent proceedings, to wit: the verdict and judgment became, thereby, nullities.

“By reason of the judge’s absence and his failure to retain control of the proceedings there was a complete cessation of the trial and no valid verdict could be returned nor judgment of the court rendered because the trial ‘lapsed.’ Where there is no trial there can be no…