Carpenter v. Superior Court of San Joaquin Cty.

Citations

• 75 Cal. 596
• 19 P. 174
• 1888 Cal. LEXIS 592

Syllabus

<p>Modes in Which a Decision may be Reviewed__Where a cause has been regularly heard and decided, it can be reviewed only in the modes provided by the statute. The trial court cannot upon an application not authorized by statute set aside its decision for mere error not amounting to want of jurisdiction.</p> <p>Id. —Teems of Court. —This rule is not affected by the fact that terms of court have been abolished.</p> <p>Id. — Orders Improvidently Made — Presumption.—The rule does not prevent the trial court from setting aside orders or judgments which were improvidently and unintentionally made. But it will not be presumed that an order or judgment was of that character; such a case must be affirmatively shown.</p> <p>Review in Unauthorized Mode — Jurisdiction.—The objection that a court has reviewed its decision in an unauthorized mode goes to the power of the court; and its action may be annulled on certiorari.</p> <p>Guardian ad Litem—Probate Proceedings—Attorney for Minors. — The provisions in relation to guardians ad litem for minor defendants, in the chapter on parties to civil actions, do not apply to probate proceedings. The special proceedings as to attorneys for minors govern the matter.</p> <p>Id. — An attorney for minor defendants, appointed by the probate judge, after service of citation, to represent the minor upon a contest as to the validity of a will, is to all intents and purposes a guardian ad litem, although not called by that name.</p> <p>Id. — It is not necessary that there should be a new guardian ad litem, every time a pleading is amended.</p>