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Coffinberry v. Horrill

5 Cal. 493 Court Cal. English

Delivered by Heydenfeldt, J., delivered the opinion of the Court.

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p. 493
CHARLES S. COFFINBERRY and JOHN H. SEAWELL, Respondents, v. JOHNSON HORRILL and SARAH N. HORRILL, Appellants.

Headnote

The rendition and entry of a judgment tiy the District Court at a time when there is no legal term of the Court, is error.
Appeal from the District Court of the Seventh Judicial District, Napa County.
Crocker & Robinson, for Appellants.
Boggs & Maupin, for Respondents.
No briefs on file.

Murray, C. J., concurred.

The error relied upon is the rendition and entry of judgment at a time when there was no legal term of the District Court. This assignment is sustained by the record; so upon the authority of Smith v. Chichester, 1 Cal., 409 , the judgment is reversed and the cause remanded.