Branger & Driard v. Chevalier

Citations

• 9 Cal. 351

Syllabus

<p>A Judge can revoke his certificate to a settled statement on appeal, during the term at which the judgment was rendered,* but after the term has expired, it cannot be done.</p> <p>While the term lasts, the Court has power to amend the record. After the term has passed, the record cannot be amended, unless there is something in the record to amend by. The settled statement, until certified, is not record.</p> <p>Where the Judge of the Superior Court certified to an engrossed, statement, and subsequently revoked his certificate and ordered the statement to he made conformable to this later settlement, which order was not entered on record; and the Judge of the Fourth District Court, to which the cause was transferred, ordered that the order of revocation and amendment be entered mine pro tune, there being no record evidence on which to base sueh an order: Üfefó, to be error.</p>