Heidt v. Minor

Citations

• 113 Cal. 385
• 45 P. 700
• 1896 Cal. LEXIS 800

Syllabus

<p>Appeal—Effect of Refusal—New Trial.—Where a judgment is reversed on the ground that it is not supported by the findings, there being no finding at all upon a material fact, the effect of the unqualified reversal is not to entitle the appellant to a judgment upon the findings, but to remand the cause for a new trial.</p> <p>Id.—Amendment of Pleadings after Reversal—Discretion.—After the reversal of a judgment the parties in the court below have the same rights which they originally had, and the court has discretion to permit any proper amendment to the pleadings.</p> <p>Id.—Law of the Case.—The law of the case consists not in the reasoning of the court, or the illustrations given upon a former appeal, but in the propositions of law actually decided and applicable to the facts in judgment; and the rule of the law of the case only applies when, upon a subsequent trial, the issues and facts found remain substantially the same, and has no application where the facts alleged and found are materially different from those considered on a former appeal.</p> <p>Notary Public—False Certificate of Acknowledgment of Mortgage-Liability of Sureties—Measure of Damages—Solvency of Mortgagor.—When a notary public falsely certifies that the mortgagor duly acknowledged the execution of a mortgage, which in fact is a forgery, the measure of damages in an action on the official bond of the notary, brought by one who has parted with value on the faith of the certificate, is the amount which would be the value of the mortgage if genuine, which value is the amount collectible thereon; and if the mortgagor is solvent, the measure of damages is the face value of the mortgage debt, without regard to the value of the mortgaged property, it being immaterial whether the amount of the mortgage debt he collected from the mortgaged property or by the enforcement of a deficiency judgment against the mortgagor.</p>