A Treatise On the Law of Judgments Including All Final Determinations of the Ri

Cover A Treatise On the Law of Judgments Including All Final Determinations of the Ri
A Treatise On the Law of Judgments Including All Final Determinations of the Ri
A C Abraham Clark Freeman
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223 ; Morse v. Presby, 5 Foster, 299; Eaton v. Badger, 33 N. H. 228.
sMoore v. Houstan, 3 S. S:. R. ]C9; ■Williamson's case, 2 Casey, 9, 18; The case of the Marshalsea, 10 Coke, G8, 76.
IIG 4 Dicks V. Hatch, 10 Iowa, 380: State V. Fosdick, 21 La. An. 258; Mora t'. Kuzac, 21 Id. 751; Moore u. Ellis, 18 Mich. 77; Damp v. Town of Dane, 29 Wj^. 419; Eichardson v. Hunter, 23 La. An. 255.
■• Eeed v. Wright, 2 G. Greene, 15.
Cliap. VIII. ] LOSS OF JURISDICTION. P21 apparent; nor intermedJlecl with, fu
...rther than to settle so much as has been remanded. ^ Neither can the lower court do anything to prevent the immediate execution of the judg- ment of the appellate court. " If the statute requires regu- lar terms to be held for the trial of causes, the court in the intervals between those terms is, for the purpose of conduct- ing trials, in the same condition as though its authority over the case were entirely withdrawn. It is no longer a court. Judicial powers can not be conferred upon it by consent of the parties ; and any judgment rendered upon a trial had in pursuance of such consent, is void, ^ and is so wanting in even the color of judicial authority that it will not be reversed upon appeal.

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