Loomis v. Andrews
Before: McKinstry
Synopsis
Power of District Judge at Chambers.—In an application to condemn land for a public use, the District Judge, at Chambers, has no power to make an order authorizing the plaintiff to take possession of and use the property during the pendency of the proceedings, nor has he power to make an order ‘staying all actions against the plaintiff, on account of taking possession of such property.
Idem.—If the District Judge at Chambers makes an order which he has no power to make, and afterwards sets the order aside, and then at Chambers, by a'subsequent order, reinstates the first order, the order reinstating is also without authority and void.
By the Court, McKinstry, J.: The District Judge, in Chambers-, had no power to make the order of the 14th of October, 1873. (Code Civ. Proc. 1,254.) The order of the 15th of November, 1873, (also in Chambers) purporting to reinstate the order of the 14th of October, was, therefore, made without authority.
Order appealed from, reversed.
Neither Mr. Justice Rhodes nor Mr. Justice Niles expressed an opinion.
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