Ex parte Bennett

Citations

• 44 Cal. 84
• 1872 Cal. LEXIS 156

Syllabus

<p>Entry of Judgment in Vacation.—A final judgment may be entered either in term time or vacation.</p> <p>Judgment in Oause Tried at Chambers.—Where a cause, of which the Court has jurisdiction, is tried at chambers, by consent of the parties, the judgment rendered therein is not necessarily void in the absolute sense, for want of a trial in open Court.</p> <p>Entry op Judgment in Vacation.—Where a cause has been submitted in presentí, a judgment may be entered in vacation. The power to enter the judgment is not dependent upon or affected by the fact of trial.</p> <p>Jurisdiction JDepined.—Jurisdiction is the power to hear and determine, or to hear without determining, or to determine without hearing.</p> <p>Submission op Cause “in Presentí.”—An order of Court that “upon the filing of the proofs and testimony as taken by the Court Commissioner, the case be submitted to the Court and decided at chambers, and the decision and judgment bo entered as of this term'of Court,” is a submission in presentí.</p>