Willson v. Cleaveland
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. . Ejectment to recover a tract of land in Alameda County. The summons was served by the Sheriff in Alameda County, September 27th, 1862, and filed with the Clerk the same day. Alexander Campbell appeared as attorney of record for the defendant, and on the 19th day of November, 1862, an order was made in open Court permitting the plaintiff to file an amended complaint.
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Appeal from the District Court, Third Judicial District, Alameda County. . Ejectment to recover a tract of land in Alameda County. The summons was served by the Sheriff in Alameda County, September 27th, 1862, and filed with the Clerk the same day. Alexander Campbell appeared as attorney of record for the defendant, and on the 19th day of November, 1862, an order was made in open Court permitting the plaintiff to file an amended complaint. February 12th, 1863, plaintiff filed an amended complaint containing three counts. February 18th, 1863, A. Campbell, attorney for defendant, gave…
1Opinion of the Court
By the Court, Sanderson, J.:
The motion to set aside the default of the defendant entered by the Clerk, did not come too late because it was made after the adjournment of the term. No final judgment had been rendered and the case was still pending at the time the motion was made. The question is one of jurisdiction, and the District Court does not lose jurisdiction by adjournment before the case has been finally determined. All unfinished business is continued by operation of law until the next term. It is only where the case has been finally disposed of and nothing further remains to be done…
2Cases cited10 opinions
- Coryell v. CainCalifornia Supreme Court · 1860
- Board of Commissioners (No. 2) v. YoungerCalifornia Supreme Court · 1865
- Stearus v. AguirreCalifornia Supreme Court · 1857
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Kelly v. Van AustinCalifornia Supreme Court · 1861
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3Cited by34 opinions
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