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California Supreme Court· 7/1/1855

Carpentier v. Hart

Citations

  • 5 Cal. 406

Syllabus

<p>After tbe adjournment of the term, the Court loses all control over cases decided, unless its jurisdiction is saved by some motion or proceeding- at the time, except in the single case provided by statute, where the summons has not been served, in which the party is allowed six months to move to set the judgment aside.</p> <p>Where costs are imposed as a condition for re-opening a case after the adjournment of the term, the acceptance of the costs by the opposite party, will not be construed into a consent to have the cause re-instated.</p> <p>A party is not confined to his remedy by statute, but may resort to a Court of Equity for relief against a judgment obtained by fraud or surprise.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reason for rule that court loses jurisdiction when term of court ends ‘‘is obvious . . . [in that] there must be some finality in legal proceedings, and a period beyond which they cannot extend’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Murray

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

1 case in this archive is cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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