Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 29

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General Books LLC, 2009 - 640 pages
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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.1916 Excerpt: ... DIVORCE (Continued). ment of facts which led the lower court to make an order for nunc pro tune entry of the interlocutory decree, which affidavit comes into the transcript under a certificate describing it as part of the judgment-roll, but which is not a part of the judgment-roll and does not appear to have been one of the papers used in connection with the order from which the appeal is taken, cannot be legally taken cognizance of. (Nolte v. Nolte, 126.) 13. Sufficiency Of Facts To Authorize Order--Presumption.--Such defect is immaterial, since facts sufficient to satisfy the court may have existed and may have been shown to the court; and, since no appeal appears to have been taken from the judgment, it will be presumed that the court had before it facts sufficient to authorize suc-h order to the full extent that the order may legally be made under any circumstances. (Id.) 14. Judgment--Entry Nunc Pro Tunc.--While the power of a court over its records, in order to make them speak the truth, is fully recognized, and for that purpose errors or omissions in the entry of judgments may in some instances be corrected by entering them as of the date when rendered, the full effect of a nunc pro tune order is limited so as to prevent results not contemplated by the law. (Id.) 15. Entry Of Interlocutory Decree Nunc Pro Tunc--Void Entry Of Final Decree.--Section 131 of the Civil Code contemplates that a final decree of divorce shall not be entered until after the expiration of the time within which an appeal may be taken from the interlocutory decree, nor during the pendency of such appeal if taken, and the entry of the interlocutory decree nunc pro tune as of an earlier date does not affect the time prescribed within which an appeal may be taken; and the entry of ...

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