Byrne v. Hoag

Citations

• 116 Cal. 1
• 47 P. 775
• 1897 Cal. LEXIS 497

Syllabus

<p>Foreclosure ot Mortgage—Decree for Interest—Amendment—Remedy for Judicial Error.—A decree signed by the judge, and expressly purporting to order a sale only for interest then due, cannot be amended, more than one year after the decree, by inserting a direction providing for a sale for the remainder of the principal and interest thereafter to become due upon the note secured by the mortgage, there being no inadvertence or misprision of the clerk in failure to enter the judgment intended by the court, and any judicial error committed in rendering the judgment could be remedied only by appeal, or motion for a new trial.</p>