Dyerville Mfg. Co. v. Heller

Citations

• 102 Cal. 615
• 36 P. 928
• 1894 Cal. LEXIS 695

Syllabus

<p>Modification of Judgment—Limitation of Time—Fraud Upon Court. An application for the modification of a judgment, under section 473 of the Code of Civil Procedure, must be made within six months after the entry of judgment, and the fact that the judgment is claimed to have been procured by fraud practiced by the plaintiff’s attorney upon the court does not take the case out of that section.</p> <p>Id.—Judgment Rendered in Excess of Stipulation—Remedy For Error of Law—Clerical Misprision—Jurisdiction to Amend Record.—A judgment entered as rendered, but rendered in excess of a stipulation therefor, is erroneous, and the error is one of law committed at the trial, the remedy for which is either by motion for a new trial, or by appeal, and is not a clerical misprision, which may be corrected by the record, and the court has no power to correct it after the expiration of six months from the date of its entry.</p>