Franklin v. Merida

Citations

• 50 Cal. 289
• 1875 Cal. LEXIS 146

Syllabus

<p>Entering and RscoBDiNa a Judgment.—If the court renders a judgment from the bench, during the lifetime of the plaintiff, the clerk may perform the ministerial act of entering and recording it after his death.</p> <p>Idem.—In such case, it is erroneous for the court, after the judgment is recorded, to order it amended so as to make it appear to be entered nunc pro tuna as of the day it was rendered by the court.</p> <p>Execution on Judgment in Ejectment.—If an execution correctly refers to a judgment, in such manner as to identify it, it is sufficient to justify the sheriff in enforcing it, even if it contains an error in reciting the day on which the judgment had been rendered.</p> <p>Writ oe Restitution on Judgment in Ejectment.— If the plaintiff in ejectment dies after a judgment in his favor has been rendered, a writ of restitution may be issued on the judgment, at the instance and for the benefit of his successor in interest in the property.</p> <p>Idem.—If such writ of restitution is issued and served in the name of the deceased plaintiff, but is in point of fact issued at the instance and for the benefit of his successor in interest, although irregular in point of mere procedure, it is correct in substance, and the defendants will not be restored to the possession.</p>