Fugazi v. Kelly

California Court of Appeal

Fugazi v. Kelly

56 Cal. App. 244

CourtCalifornia Court of Appeal

DecidedJanuary 20, 1922

DocketCiv. No. 4113

StatusPublished

This text of 56 Cal. App. 244 (Fugazi v. Kelly) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fugazi v. Kelly, 56 Cal. App. 244 (Cal. Ct. App. 1922).

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Opinion

NOURSE, J.

Defendant Slye appeals from a judgment foreclosing a mortgage securing payment of a note for $25,000. The complaint asked for judgment for $25,000, with accrued interest, counsel fees, and costs. The clerk of the court after trial made an entry in his minutes reciting that judgment had been ordered in the sum of $3107.37, with counsel fees and costs. A few days thereafter findings of fact and conclusions of law were filed with a decree awarding judgment in the sum of $31,447.24, with counsel fees and costs. Appellant insists that the trial court was bound by the minute entry made by the clerk.

[1] No bill of exceptions is presented, so the appeal must be deemed to be one on the judgment-roll alone. [2] The minute entry of judgment is no part of the judgment-roll. [245]*245(Sec. 670, Code Civ. Proc.) In examining the judgment-roll we find no error.

The appeal is without merit, as the amount noted in the entry of the clerk was manifestly a mere clerical error.

Judgment affirmed.

Langdon, P. J., and Sturtevant, J., concurred.

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NOURSE, J.

Defendant Slye appeals from a judgment foreclosing a mortgage securing payment of a note for $25,000. The complaint asked for judgment for $25,000, with accrued interest, counsel fees, and costs. The clerk of the court after trial made an entry in his minutes reciting that judgment had been ordered in the sum of $3107.37, with counsel fees and costs. A few days thereafter findings of fact and conclusions of law were filed with a decree awarding judgment in the sum of $31,447.24, with counsel fees and costs. Appellant insists that the trial court was bound by the minute entry made by the clerk.

[1] No bill of exceptions is presented, so the appeal must be deemed to be one on the judgment-roll alone. [2] The minute entry of judgment is no part of the judgment-roll. [245]*245(Sec. 670, Code Civ. Proc.) In examining the judgment-roll we find no error.

The appeal is without merit, as the amount noted in the entry of the clerk was manifestly a mere clerical error.

Judgment affirmed.

Langdon, P. J., and Sturtevant, J., concurred.

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Bluebook (online)

56 Cal. App. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fugazi-v-kelly-calctapp-1922.