Gronfier, Jeune & Co. v. Minturn

Citations

• 5 Cal. 492

Syllabus

<p>Where an amended decree, rendered at the same term as the first decree, is simply what the original decree should have been, and does no injustice to a party, this Court will not disturb it on account of any alleged irregularity not affecting the merits.</p> <p>A mortgage contained a stipulation for all the costs of foreclosure, including counsel fees not exceeding five per cent, of the amount due. Held, that the limitation of five per cent, is intended to apply to counsel fees alone, and that the complainant would be entitled to recover the whole of his costs by operation of the statute, and independent of any stipulation.</p>