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SHAW v. McGREGOR

         JUDGES: Terry, C. J., delivered the opinion of the Court. Burnett, J., concurring.

         OPINION

          TERRY, Judge

         Appeal from an order setting aside judgment. We have heretofore decided that, " after the adjournment of the term, the Court loses all control over its judgments, unless its jurisdiction is saved by some motion or proceeding at the time, except when the summons has not been served, in which case a party may, within six months, move to set aside the judgment."

         In other cases, a Court has no power to vacate a judgment on a motion made after the adjournment of the term at which the judgment was rendered. (Carpentier v. Hart , 5 Cal. 406; Suydam v. Pilcher , 4 Cal. 280; Robb v. Robb , 6 Cal. 21.)

         The order of the Court below is reversed, with costs.

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Shaw v. McGregor
(Oct 1, 1857)