Synopsis of lectures on code pleading and practice; delivered in College of law, University of Southern California - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 Excerpt: ...3. Certificate should show facts, proceedings, etc. (a) Where bill or statement is disallowed. (b) Where allowed and objections thereto are made and overruled. (c) Where objections sustained but moving party excused from default and bill settled. 150 Cal. 258. Bill or Statement should not be disallowed--(a) When incorrect or not full or complete. (b) Moving party should be required to make correct so as to speak truth. 80 Cal. 483. LECTURE 35. Reviewing Orders or Decisions by Trial Court. New Trial--Changing Judgment. 453. By reviewing orders or decisions by trial Court is meant a reconsideration of the law or facts upon which an order or decision is based, to determine whether any error was committed therein. 1. In general way applies to reconsideration of decisions for any cause. 2. The expression usually applied only to reconsideration of (a) Facts and proceedings upon which verdicts or findings are based. (b) Judgments entered upon verdicts or findings. C.C.P. 656; 14 Enc. Pl. and Prac. 707. 454. A Court has inherent power to reconsider and vacate or set aside for good cause any order or judgment made in a proceeding, but the Codes limit the exercise of the power. 29 Cyc. 722; 116 Cal. 193. 1. Any order or judgment void on its face, may be set aside at any time. 2. Any order or judgment may be vacated or changed to correct clerical errors at any time as heretofore explained. 141 Cal. 575; 154 Cal. 355, (Sec. 259 ante) 3. An order or judgment voidable for other cause de hors record can be reviewed and vacated. (a) Only on motion as heretofore explained, for vacating defaults, or (b) On motion for new trial as hereafter explained. 4. Any other Interlocutory orders and judgments may be vacated or changed at any time during progress of proceedings and befor...