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>