Klein v. Southern Pac. Co.

Citations

• 140 F. 213
• 1905 U.S. App. LEXIS 4786

Syllabus

<p>1. New Trial — Time por Hearing and Decision — Jurisdiction at Succeeding Term.</p> <p>The mere filing of a motion for a new trial in the Circuit Court in due time at the time at which the judgment is rendered does not, of its own force and without any order or recognition by the court, carry the matter oyer to the succeeding term, so as to give the court jurisdiction to then hear and dispose of it without the consent of the opposing party.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. New Trial, § 315.]</p> <p>2. Orders — Nunc Pro Tunc Entry — Power to Make.</p> <p>The office of a nunc pro tunc entry is, not to make an order now for then, but to enter now for then an order previously made; and the fact that a judge in chambers expressed a willingness to make a desired order extending the time for filing a motion for new trial, where no such order was actually made or directed in court, does not warrant the entry of such an order nunc pro tune at a succeeding term.</p>