Crane v. Forth

Citations

• 95 Cal. 88
• 30 P. 193
• 1892 Cal. LEXIS 790

Syllabus

<p>Appeal from Judgment—■ Presumption—Findings — Foreclosure of Mortgage — Street Assessment — Assignment of Mortgage—Deficiency Judgment against Assignor. — When an appeal is taken upon the judgment roll alone, without any bill of exceptions or findings of fact, in an action by an assignee of a mortgage to foreclose the mort. gage, and also a street assessment lien purchased by him to protect his mortgage interest, and it appears that the assignor of the mortgage denied the validity of the assessment, the presumption, from a judgment refusing to enforce the assessment against the assignor in a deficiency judgment against him, must be, that the court found in his favor on the issue as to the validity of the street assessment, though the judgment makes the lien a charge upon the mortgaged property as against the other defendants who admitted the allegations of the complaint.</p> <p>Id.—Costs — Disallowance — Presumption as to Cost Bill.—Upon an appeal from a judgment not providing for costs, taken upon the judgment roll alone, without any hill of exceptions or statement, where it does not appear that the prevailing party filed or served any cost bill, nor that he in any manner moved the court, either before or after final judgment, to allow him costs, it cannot he presumed that he filed or served any cost bill, but must be presumed that the judgment is correct; and an objection that the court erred in refusing a judgment for costs will not be considered.</p> <p>Id.—Mode‘of Assailing Error as to Costs.—An error of the trial court in denying a party costs before final judgment should be shown by a bill of exceptions, or a statement on motion for a new trial. An erroneous order after final judgment, relating to costs, can only be considered upon an appeal from such order.</p>