99 Cal. 511 | Cal. | 1893
Motion to dismiss the appeal.
The appellant was sued in his official capacity as treasurer of
A court is a tribunal presided over by one or more judges, for the exercise of such judicial power as has been conferred upon it by law. Blackstone, following Coke, defines it as “a place where justice is judicially administered” (3 Bl. Com. 23); but it is also essential that this place be designated by law, and that the person or persons authorized to administer justice be at that place for the purpose of administering justice at such times as may be also designated by law. The times fixed by law for the transaction of judicial business are called “ terms,” and the periods between the end of one term and the beginning of the next are called “vacations.” These “terms” vary in different jurisdictions according to the statutes by which they are fixed, in'some states ending at fixed dates and in others continuing until the commencement of a succeeding term.Formerly in England there were four terms of court in each year, and their duration was so fixed that there were only ninety-one days in each year during which the courts could
The term “court,” as used in the Code of Civil Procedure, means sometimes the place where the court is held, sometimes the tribunal itself, and sometimes the individual presiding over the tribunal, and in many cases is used synonymously, as well as interchangeably, with “judge”; and, whether the act is to be performed by the one or the other, is generally to be determined by the character of the act, rather than by such designation. Section 166 provides that a judge “may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application,” and section 1004 provides that orders made out of court may be made by the judge of the court in any part of the state. Prior to the adoption of the present constitution there were fixed terms in this state
There is no provision, either in the constitution or by statute, which.requires the presence of any other officer than the judge to constitute a court or to authorize the transaction of judicial business; nor is there any provision of law which requires all the orders of a court to be entered at length in its minutes, in order that they may be effective, and by section 1003 of the Code of Civil Procedure, every direction of a court or judge is an order, whether it be merely made in writing or entered in the minutes. If it is not entered it should, however, be filed, in order that it may form a part of the records in the case. The county clerk is ex officio the clerk of the superior court of his county, and his duties are fixed by statute, and are defined in section 111 of the County Government Act. (Stats. 1891, p. 321.) This statute, however, is intended to define his duties as a political officer of the state, rather than to prescribe or limit the functions or judicial powers of the court. He is not, however, by this act required to do more than to “enter a synopsis of all orders, judgments, and decrees proper to be entered, unless the court shall order them to be entered at length.” By section 1052 of the Code of Civil Procedure, he is required to keep a register of actions in which he must enter the title of the action “with brief notes under it from time to time of all papers filed and proceedings had therein.” He is also required to make in
McFarland, J., and Paterson, J., concurred.
Hearing in Bank denied.