Thomas v. Fogarty

Citations

• 19 Cal. 644

Syllabus

<p>Under the ninety-fifth section of the Act of 1853, concerning Courts of Justice and Judicial Officers—which provides that “If no Judge attend on the day appointed for holding the Court, before noon, the Sheriff or Clerk shall adjourn the Court until the next day at ten o’clock, and if no Judge attend on that day before noon, the Sheriff or Clerk shall adjourn the Court until the following day, and so on from day to day for one week. If no Judge attend for one week, the Sheriff or Clerk shall adjourn the Court for the term ”—the Sheriff, in the absence of a Judge, adjourned the Seventh District Court for Napa on Monday, February 3d—the commencement of the term—until the next day, and so on from day to day until Saturday, February 8th, when the Judge being still absent, the Sheriff adjourned the Court for the term : Held, that this last adjournment was a nullity; that .the intention of the statute was to prevent the term, being lost in case of the absence of the Judge during the first week; and that the Sheriff has no power to adjourn until the expiration of the week.</p> <p>Held, further, that, in this case, a judgment entered by the Court on the tenth of February is valid, notwithstanding the adjournment for the term by the Sheriff on the eighth of the month.</p>