Coulter v. Board of Commissioners

Citations

• 22 N.M. 24
• 158 P. 1086

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The term “irregularity” is defined to be the want of adherence to some prescribed rule or mode of proceeding, and it consists either in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unseasonable time or improper manner. It is a departure from some prescribed rule or regulation (citing Words and Phrases, Second Series.) P. 27</p> <p>2. In this jurisdiction we have no terms of court, except for jury trials, and, as we have no statute extending the control of a court over its judgments after entry thereof, except in case of defaults for a period of 60 days, and in cases of irregularly entered judgments for a period of one year, it necessarily follows that final -judgments rendered by the district courts in cases tried without a jury become final when rendered, and then and there pass from the control of the court, except in the two instances above mentioned. P. 27</p>