Hegeler v. Henckell

Citations

• 27 Cal. 491

Syllabus

<p>Waiver of Right to move for New Trial.—If a statement prepared on motion, for a new trial is not filed within the time prescribed by the one hundred and ninety-fifth section of the Practice Act, the right to move for a new trial is waived, and when such right is thus waived the Court has no power to restore it.</p> <p>Amendment of Entries of Clerk of Court.—Clerical errors and misprisions with respect to entries of judicial proceedings may be corrected by the Court even after the adjournment of the term, but the record itself must show the error.</p> <p>Power of Judge at Chambers.—A Judge at Chambers has no power to make an order directing the Clerk of his Court to enter in the minutes of the Court, nunc pro tunc, an order alleged to have been made in open Court.</p> <p>Entry of Order of Court nunc pro tunc.—A Court has no power, after the adjournment of a term, to direct the Clerk to enter in the minutes, nunc pro tunc, an order made at the adjourned term, where there is nothing in the record to show that such order was made.</p> <p>Order granting New Trial.—If the ¿statement on motion for a new trial is not filed in time, an order granting a new trial for causes appearing in such statement only will be reversed by the appellate Court.</p>