Janes v. Bullard

Citations

• 107 Cal. 130
• 40 P. 108
• 1895 Cal. LEXIS 721

Syllabus

<p>Foreclosure — Inserting Untaxed Costs in Decree — Clerical Misprision—Validity op Order op Sale.—The action of the clerk in inserting in a decree of foreclosure the amount of coats as claimed by plaintiff, before the same had been taxed or ascertained, is a mere clerical misprision, not affecting the validity of the decree in other respects, nor invalidating the order of sale issued thereon, nor affecting the validity of the sale thereunder.</p> <p>Id.—Amendment op Decree and Order op Sale—Taxation op Costs— Curing op Error.—The decree and order of sale, being'merely erroneous in the insertion of costs before taxation, are amendable in that regard, and the subsequent action of the court in taxing the costs is, in effect, such an amendment, and cures the error, and, where the property is sold under the decree as modified by the taxation of costs, and only the costs taxed are collected, there is no prejudicial error.</p> <p>Id.—Order op Sale not Premature—Frivolous Appeal—Damages.— The issuance of an order of sale before the taxation of costs is not premature, and an appeal taken after the taxation of costs from an order refusing to vacate the order of sale because the costs were inserted in the decree before taxation is without merit; and the order will be affirmed with damages.</p>