First National Bank of Santa Monica v. Kowalsky

Citations

• 3 Cal. Unrep. 759
• 31 P. 1133

Syllabus

<p>'Appeal—Presumption.—Where an Appeal is Taken from a judgment which recites that the motion for judgment was made on affidavit, and the record does not contain the affidavit, the supreme court will presume that it stated facts necessary to justify the judgment.</p> <p>Appeal.—Where an Appeal Bond is Signed by One Ball as surety, but by a clerical error the judgment is against Bell, and the record shows the error and contains the data necessary to correct it, the error should be corrected by the trial court on motion of any party to the judgment.</p>