Jackson v. Dolan

This is an appeal from an order granting a new trial. The facts are stated in an opinion filed by us this day on an appeal from an order correcting the minutes of the court in the above-entitled action. [1] It appears therefrom that the order granting a new trial was made at a time when for all judicial purposes the office of the judge making the order has expired. His act in granting the motion was, therefore, functus officio and of no effect and the case is left in the same condition, in legal contemplation, as though no order disposing of the motion had ever been made, the consequence of…