Keys v. Warner

Citations

• 45 Cal. 60

Syllabus

<p>Stipulation for Entering Judgment.—A stipulation of the parties that the plaintiff take judgment for a sum named and costs, hut that execution he staid until the decision of a certain other case pending in another Court, and that if said other case is decided for the defendant for a certain reason, the judgment he set aside, otherwise an execution to issue, authorizes a judgment absolute in terms to be entered for the plaintiff, which will not be set aside if such other case is decided for the defendant, unless it is so decided for the reason given.</p> <p>Setting Aside Submission of Order.—After a motion for an order has been argued and submitted, the Court may, at its discretion, set aside .the order of submission and allow more evidence to be introduced.</p> <p>Waiver of Error.—If an erroneous order is made setting aside the submission of a motion and authorizing new evidence to be introduced, the party against whom the error is committed waives the same by availing himself of the permission to introduce new evidence.</p> <p>Stipulation of Attorneys.—The Court cannot alter or vary the terms of a written stipulation made by attorneys, or relieve them from its obvious consequences.</p>