Fallon v. Brittan

Citations

• 84 Cal. 511
• 24 P. 381
• 1890 Cal. LEXIS 831

Syllabus

<p>Partition — Misnomer of Street in Record — Clerical Mistake — Amendment after Affirmance of Interlocutory Df,creb. — An error of description in the misnomer of a street in the complaint, findings, and interlocutory decree in an action of partition, which is patent upon the face of the record, and which is evidently a merely clerical mistake, not going to the merits of the cause, the lot affected by the error being amply described otherwise, in diverse ways, to fix its identity, may be amended at any time, even after the interlocutory decree has been affirmed on appeal.</p> <p>Id. — Appeal from Amended Decree — Time for Appeal. — Such amendment does not make a new decree from which a distinct appeal may be taken, nor operate to extend the time for taking an appeal from the original decree.</p> <p>Id. — Order Appointing New Referees — Review of Proceeding — Right of Appeal. — The superior court may appoint new referees in an action of partition in place of those who have resigned, in order to carry its interlocutory decree into effect, and their action, and the action of the superior court upon their report, may be reviewed upon appeal from the final judgment; but no direct appeal can be taken from the order appointing such referees.</p> <p>Id. — Stay of Proceedings. ■—'No supersedeas, or stay of proceedings, will be granted in the supreme court when there appears to be no right of appeal.</p>