Baker v. Brickell

Citations

• 102 Cal. 620
• 36 P. 950
• 1894 Cal. LEXIS 697

Syllabus

<p>Appeal—Law of Case—Amended Complaint.—Where, in the record presented upon a second appeal, the facts are the same as on a former appeal, the decision upon that appeal must he treated as the law of the case, and must he followed upon the second appeal; and it is immaterial that the complaint was amended before the second trial if the amendment states no new facts.</p> <p>Pleading—Supplemental Complaint—Demurrer.—A supplemental complaint must allege facts material to the case occurring after the former complaint, and, where no facts material to the case are alleged in the supplemental complaint, a demurrer to it is properly sustained.</p> <p>Judgment—Rendition—Entry—Ministerial Duty of' Clerk—Effect of Judgment.—When a judgment or decree of the court is ordered, and the findings and judgment are signed by the judge and filed, it then becomes the ministerial duty of the clerk to enter and docket the judgment and to prepare and file the judgment-roll, and he cannot, by neglecting to perform that duty, destroy or impair the effect of the judgment.</p> <p>Id.—Procuring Entry of Judgment—Consent of Successful Party Immaterial. —It is immaterial who sets the clerk in motion to discharge his ministerial duty or who pays his fees therefor; and he may perform his duty of his own motion, or the courtfcan direct him to do it, or any party interested in having it done may procure him to do it; and it is not necessary that the party in whose favor the judgment is rendered should consent, know of, or authorize the entry of the judgment.</p> <p>Id.—Judgment Quieting Title—Muniment of Title—Entry Procured by Successor in Interest.—A judgment in favor of the plaintiff in an action to quiet title becomes a muniment of title to the successor in interest of the plaintiff, and the plaintiff cannot impair its effect by withholding consent or authority for the entry of judgment by the clerk, nor prevent the entry, and such successor in interest may at any time procure the entry of the ju