Bensley v. Ellis

Citations

• 39 Cal. 309

Syllabus

<p>Section 68 of the Practice Act—Construction of Amendment of April 2, 1866.—The Act of April 2, 1866, amending the 68th-Secton of the Practice Act, was retrospective in its operation.</p> <p>Idem.—A motion to set aside an order, entered at a term of the Court next preceding the passage of the Act of April 2, 1866, amending the 68th Section of the Practice Act, and within five months after the adjournment of said term, was made in due time.'</p> <p>Practice.— Order of Dismissal after a Continuance.—An order of dismissal made during the term, after it is understood by the attorneys of both parties that the cause has been continued for the term, is irregular and must be set aside on a proper showing.</p>