Farmer v. Rogers

Citations

• 10 Cal. 335

Syllabus

<p>The eighth section of the Act concerning Courts of Justice, which provides that when a “ judgment or order is reversed or modified, this Court may make complete restitution of all property and rights lost by the erroneous judgment or order,” does not cover the case of a judgment for the recovery of money. It applies only to those cases where the judgment operates upon specific property in such a manner that its title is not changed, as by directing the possession of real estate, or the delivery of documents, or of particular personal property in the hands of defendant, and the like. Where an execution on a judgment for the recovery of money is not stayed by the undertaking on appeal required by statute for that purpose, a sale may be made on the execution, and the rights of purchasers are in no respect affected by the subsequent reversal of the judgment.</p>