85 P. 729 | Ariz. | 1906
This cause was tried to the court
without a jury on August 13, 1904. The court took the case under advisement, with leave to counsel to file written argu
1. While there is authority for the proposition that a judgment may not be rendered at a term later than the one at which the case is tried, as of such later term, there is also very respectable authority to the contrary. Abraham v. Levy, 72 Fed. 124, 18 C. C. A. 469; Tarpenning v. Cannon, 28 Kan. 665; Trulock v. Murky, 72 Iowa, 510, 34 N. W. 307; Reed v. Lane, 96 Iowa, 454, 65 N. W. 380. Furthermore, we have a statute which we think disposes of the question. Paragraph 1386 of the Revised Statutes of 1901, provides: “If from any cause the court shall not be held at the time prescribed by law, or if the business before the court be not determined before the adjournment thereof, such business, of whatsoever nature, remaining undetermined shall stand, continued until the next succeeding term of the court, without an order and without cost.” Rendering judgments is certainly business of the court, and if, for any reason, the court is not ready to pronounce its judgment in a cause tried, before the adjournment of the term, we think by force of the statute quoted, it does not lose jurisdiction and may render its judgment at a subsequent term.
2. The record does not disclose that the court in which the case was tried was in session on the day the judgment bears, date, the date it was pronounced. On the other hand, it is
We conclude that the judgment appealed from is void and of no effect. The cause is remanded to the district court for trial.