Castro v. Richardson

Citations

• 25 Cal. 49

Syllabus

<p>Amendment of Records of Court.—Where an order has been made extending the time allowed by statute to prepare a statement on motion for a new trial, and the term has adjourned, the Court has no power at a subsequent term to amend the order, so as to make it include a notice of intention to move for a new trial, unless a motion to amend has been made at the term during which the order was entered and continued, or unless the record discloses that the entry does not correctly give what was the order of the Court.</p> <p>Same.—The power of a Court to amend the record after the adjournment of a term only extends to the correction of a mere clerical error.</p> <p>Striking out Statement.—If notice of intention to move for a new trial is not given within the statutory time, and no waiver of the failure to give the same is shown, the Supreme Court will, on motion, strike the statement from the transcript.</p>