Hills v. Sherwood

Citations

• 33 Cal. 474

Syllabus

<p>¡Finality op Judgment.—The finality of a judgment, if considered with reference to the Court rendering it, dates from the rendition of judgment, by the particular Court, upon the merits ; but if considered with reference to the subject matter of the judgment, it does not become final until a judgment upon the merits has been rendered by the Court of last resort, or, if no appeal be taken, then by a Court having original jurisdiction to render a judgment upon the merits, and the time for an appeal or review has elapsed, or the party against whom judgment was rendered has acquiesced in its finality or waived an appeal.</p> <p>Limitation of Action.—Where S. covenanted with H. that the original Mexican title to certain lands which S. conveyed to H. was valid, and in the event said title should not be 'confirmed by the Courts of the United States, before which it was then pending, upon the final adjudication of the same, that S. and his legal representatives should and would be liable to H. for the purchase price of said lands, with interest; and where the District Court of the United States for the Northern District of the State of California, on the 9th day of November, 1859, adjudged said title invalid, from which judgment no appeal was taken or waiver made of the right thereto, or acquiescence in the finality of said judgment declared, within five years thereafter; held, that the right of action for a breach of said covenant only accrued after the lapse of five years from November 9th, 1859, during which time said judgment was subject to appeal, and, as regards its subject matter, was not a final adjudication.</p>