Mace v. O'Reilley

Citations

• 70 Cal. 231
• 11 P. 721
• 1886 Cal. LEXIS 772

Syllabus

<p>Practice—Expiration op Term op Judge—Entry op Judgment after — Findings — Waiver op. — Where the term of office of the judge who tried the case expires after an order for judgment has been entered, but before the findings have been filed, no valid judgment can be entered in the action without a new trial being had, unless agreed findings are filed or waived by both sides.</p> <p>Id.—Judgment Entered without Findings—Motion to Vacate — Notice— Time for Making Motion.—If no agreed findings'are filed or waived, a judgment entered in conformity with the order after the expiration of-the term of office of the trial judge may be set aside for want of findings on the motion of the party in whose favor the judgment is entered, without notice to the opposite party, notwithstanding the latter offers to waive findings, or to have them made by the successor of the judge who tried the case, and tenders to the prevailing party the amount of the judgment. Such a motion may be made after the expiration of six months from the date of the order for judgment, and after the termination of the session of the court at which it was made.</p> <p>Id.—Motion mat be Renewed after Denial—Jurisdiction—Discretion. — In Such a case, the court has jurisdiction, and it is within its discretion, to allow the motion to vacate the judgment to be renewed, although it had previously been denied.</p>