Cosby v. Superior Court

Citations

• 110 Cal. 45
• 42 P. 460
• 1895 Cal. LEXIS 1016

Syllabus

<p>Trust—Limitation of Time in Decree of Enforcement—Cessation of Right.—In an action to enforce a trust and to compel a conveyance, the court may fix a limitation in the decree of enforcement, within which money must be paid or tendered as a condition of the conveyance, and may provide that, in default of payment or tender made on or before a day fixed in the decree, all the right, title, and interest of the plaintiff shall cease and be at an end, and that thereafter neither of the defendants shall be held as a trustee in respect to any of the matters mentioned in the decree, and the parties may be concluded by such limitation.</p> <p>Id.—Subsequent Oral Modification—Power of Court—Contempt.—It is doubtful whether the court has power, at a date subsequent to the time fixed by its decree, to make a material modification and change in the terms of a decree fixing a time for a payment or tender, after which the rights of the plaintiffs are to cease, if no payment or tender is made, by extending the time for a tender after the plaintiffs have forfeited their rights under the decree by its original terms; but where such attempted modification of the decree was merely announced orally from the bench, and not entered of record, the court has no jurisdiction, upon a subsequent tender by the plaintiff and refusal of the defendants to make a conveyance, to punish the defendants for contempt of court for such refusal.</p> <p>Id.—Criminal Offense—Constructive Contempt—Order not of Record.—Contempt of court is a specific criminal offense, and a party cannot be held guilty of constructive contempt for refusing to comply with a mere verbal announcement of a direction or order having no existence of record.</p> <p>Id.—Decrees of Court — Requirement of Writing — Record — Oral Modification.—Decrees of court are required to be in writing and remain of record, and those affected thereby have a right to stand by such record, and, unless a change is made in the record, and knowledge bro