Baldwin v. Kramer

California Supreme Court
Baldwin v. Kramer, 2 Cal. 582 (Cal. 1852)
Heydeneeldt

Baldwin v. Kramer

Opinion of the Court

Heydeneeldt, Justice,

delivered the opinion of the Court; with which Murray, Chief Justice, concurred.

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.

Reference

Full Case Name
A. R. BALDWIN and J. H. POLLARD v. WILLIAM KRAMER
Cited By
11 cases
Status
Published