Storke v. Storke

Citations

• 116 Cal. 47
• 47 P. 869
• 1897 Cal. LEXIS 506

Syllabus

<p>Divorce—Judgment for Husband — Wife’s Motion tor New Trial— Costs of Transcribing Evidence — Order against Husband — Remedy — Vacation of Judgment — Jurisdiction.—The superior court has authority to direct the husband, who has a judgment in his favor in an action for divorce, to pay the costs of the transcription of the evidence by the phonographic reporter, and may enforce “the order by any remedy applicable to the case”; but the husband, having acquired a right in the judgment for divorce, cannot he deprived thereof except by such proceedings as would authorize a court to vacate or set it aside in any other action, and it is not a remedy applicable to the case to vacate the judgment for nonpayment of the costs ordered to be paid by the husband, and the court has no jurisdiction to vacate the judgment on that ground, or to vacate it on mere motion after the lapse of more than six months from its entry.</p> <p>Id.—Duty of Court to Settle Statement Found Correct.—When the court finds that the statement prepared by defendant’s counsel represents as correctly as possible the proceedings had on the trial of the case, its proper course is to settle the same accordingly, without compelling the transcription of the evidence by the phonographic reporter, and upon such settled statement to hear and pass upon the motion.</p>