Baldwin v. Kramer
California Supreme Court
Appeal from the Eleventh Judicial District. Plaintiffs brought suit 24th December, 1851, against defendants for the possession of a tract of land, and for damages. Kramer filed his answer January 2d, 1852, denying the charges in the complaint.
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Appeal from the Eleventh Judicial District. Plaintiffs brought suit 24th December, 1851, against defendants for the possession of a tract of land, and for damages. Kramer filed his answer January 2d, 1852, denying the charges in the complaint. On the 18th May, 1852, the cause was called for trial, the defendants not appearing, a jury was empanelled; the plaintiffs introduced their evidence; the case was submitted, and a verdict of restitution and 500 dollars damages was rendered, and judgment entered upon the verdict. On the 20th May, 1852, an execution issued, and the next day, the property…
1Opinion of the CourtHeydeneeldt, Justice
This was an appeal from an order granting a new trial. The judgment was rendered in May, and the new trial granted at a subsequent term in September.
We hold, that after the expiration of a term of the District Court, no power remains in it to set aside a judgment, or grant a new trial. A different doctrine would lead to great uncertainty, and pojsibly to gross abuse. There must be a time when the rights of the parties are to be considered as determined, and for litigation to cease; and for this purpose the law has wisely fixed the rule here indicated.
Let the order be reversed with costs.
2Cited by11 opinions
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- People v. McAllisterCalifornia Supreme Court · 1940
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- Brackett v. BanegasCalifornia Supreme Court · 1893
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