Shaw v. McGregor
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. In this case, the plaintiff obtained judgment by default, in the Court below, October 15,1856. On the eleventh of ¡November following, being at a subsequent term of the Court, the judgment was set aside, on motion of defendant. Plaintiff appealed.
1Opinion of the CourtTerry, C. J.
Appeal from an order setting aside judgment. We have heretofore decided that, “ after the adjournment of the term, the Court loses all control- over its judgments, unless its jurisdiction is saved by some motion or proceeding at the time, except when the summons has not been served', in which case a party may, within six months, move to set aside the judgment.”
In other eases, a Court has no power to vacate a judgment, on a motion made after the adjournment of the term at which the judgment was rendered. Carpentier v. Hart, 5 Cal., 406; Suydam v. Pilcher, 4 Cal., 280; Robb v. Robb, Jan. Term,…
2Cases cited2 opinions
- Carpentier v. HartCalifornia Supreme Court · 1855
- Suydam v. PitcherCalifornia Supreme Court · 1854
3Cited by10 opinions
- People v. KaramanCalifornia Supreme Court · 1992
- People v. McAllisterCalifornia Supreme Court · 1940
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- Brackett v. BanegasCalifornia Supreme Court · 1893
- Osmont v. All Persons, Etc.California Supreme Court · 1913
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