Shaw v. McGregor

California Supreme Court
Shaw v. McGregor, 8 Cal. 521 (Cal. 1857)
Burnett, Terry

Shaw v. McGregor

Opinion of the Court

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

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, 1857.

The order of the Court below is reversed, with costs.

Reference

Full Case Name
SHAW v. McGREGOR
Cited By
10 cases
Status
Published
Syllabus
After the adjournment of the term, a Court loses all control over its judgments, unless its jurisdiction is saved by some motion or proceeding at the time. The only exception is when service of summons has not been had, in which case a party may, within six months, .move to set aside the judgment.