Tucker v. Huson Ice & Machine Works

1. Judges of the superior courts “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.

2. There is no statute expressly conferring upon judges of the superior courts power to grant rules absolute in vacation against officers subject to be ruled; but the Civil-Code (1910), § 5346, provides that “The *84judges of the superior court, . . upon application, may grant rules nisi against all officers subject thereto, in vacation or in term time, which "rule nisi shall…