O'Brien v. O'Brien

Citations

• 124 Cal. 422

Syllabus

<p>Bill of Exceptions—Defective Notice of Settlement—Waiver.—Objection to a defective notice of settlement of a. bill of exceptions, which failed to specify that the proposed amendments would he presented to the judge with the bill, is waived, if the bill and amendments were in fact presented to the judge in the presence of both parties at the time specified, and the hearing was postponed from time to time by consent, and without objection urged prior to the final hearing.</p> <p>Amendment of Judgment—Clerical Misprision—Judicial Errors.— Clerical misprisions in a judgment may be corrected at any time by an order of the court, so as to make it conform to the actual decision of the court; but judicial errors in rendering the judgment cannot he corrected by amendment of the judgment. An omission in the findings may be corrected prior to the entry of judgment by additional findings; but after the entry of judgment, a judicial error can only be remedied by motion for new trial or on appeal.</p> <p>Id.—Judgment in Divorce Suit—Failure to Award Alimony—Loss of Jurisdiction to Amend.—Where the question of alimony was in issue in a divorce suit, and no finding was made thereupon, and no alimony was awarded in the order of judgment, or in the entry thereof, the error is judicial, and after the entry of judgment the court loses jurisdiction to amend it so as to reserve the question of alimony or to award alimony upon motion.</p> <p>Id.—Appearance upon Motion.—The court having lost jurisdiction of the subject matter, as well as of the parties, the appearance of the defendant in the subsequent matter of a motion for permanent alimony did not have the effect to reopen the judgment, or authorize its amendment by motion.</p> <p>Id.—Prior Reservation of Question of Alimony—Subsequent -Findings and Decree without Reservation—Signature of Judge.—The fact that at the time of originally announcing decision in the divorce ease the question of alimony was reserved cannot authorize an ame