Casement v. Ringgold

By the Court,

Sawyer, J. When this cause was called for trial in the Court below, plaintiff’s counsel was absent, and defendants’ counsel' insisted upon proceeding with the case. A trial having been had in the absence of the plaintiff, the Court found the facts and rendered judgment in favor of defendants. The Court soon after, on the same day, adjourned for the term. Within a few days, but not till after the adjournment of the term, the plaintiff’s counsel filed affidavits showing, among other things, that the plaintiff was at the time of the trial absent from the State, and that her counsel, who had the entire charge of the case, was absent from Court in consequence of severe illness, by which he was confined to his bed, and utterly incapable of doing any business. Upon these affidavits he moved the Court to vacate the judgment, on the ground thát it was obtained through accident, surprise and excusable neglect on her part.

The Court denied the motion on the ground that it had lost jurisdiction to grant the relief asked, in consequence of the adjournment of the term; and plaintiff appealed from the judgment and order.

[337]Appellant insists that the Court has the jurisdiction to grant the relief, notwithstanding the adjournment of the term, under the provisions of section sixty-eight of the Practice Act authorizing the Court to relieve a .party from a judgment, etc., “ taken against him through his mistake, inadvertence, surprise, or excusable neglect.” And if the question were new much might be said in favor of this position. But unfortunately for the argument the decisions have been the other way almost from the organization of the State Government (beginning with Baldwin v. Kramer, 2 Cal. 582,) down to the present time. The cases of Bidleman v. Kewen, 2 Cal. 248, and People v. Laforge, 3 Cal. 133, supposed by appellant’s counsel to support his view, and to be in conflict with the other cases, are shown in Robb v. Robb, 6 Cal. 22, not to have involved the question, and this leaves the line of decisions unbroken. The question as to the power of Courts over their judgments after the adjournment of the term, has arisen in this State many times, and in various forms. In Carpentier v. Hart, 5 Cal. 406, as appears from an examination of the record, the question was presented in precisely the same form as in this case. A judgment had been rendered against defendant, Hart, a minor, through a mistake of his guardian ad litem. Upon a satisfactory showing made at the next term upon proceedings promptly taken after the discovery that judgment had been entered, the District Court vacated the judgment.