Holt v. Holt

Citations

• 107 Cal. 258
• 40 P. 390
• 1895 Cal. LEXIS 743

Syllabus

<p>Divorce—Issue as to Marriage—Special Verdict op Jury—Rendition of Judgment—Expiration of Term—Order for Entry of Judgment Nunc Pro Tunc.—In an action for divorce, where special issues were submitted to the jury, which found and returned a special verdict, that the parties to the action were not married to each other, whereupon the court orally ordered judgment to be entered upon the verdict, which order was entered by the clerk in the rough minutes of the eourt’s proceedings of the day, but was not transcribed into the engrossed minute-book, such order necessarily includes an approval and adoption of the verdict, and constitutes a rendition of judgment in favor of the defendant; and notwithstanding the failure of the ministerial duty of the clerk to transcribe it into the minute-book of the court and to render the judgment as ordered, and notwithstanding the judge of the court was re-elected between the time of trial and the time of completion of the record, a valid order may be made after his re-election that the clerk enter judgment in favor of the defendant nunc pro tunc as of the date of the rendition of the judgment.</p>