Knowlton v. Mackenzie

Citations

• 110 Cal. 183
• 42 P. 580
• 1895 Cal. LEXIS 1038

Syllabus

<p>Judgment against Assignee of Insolvent — Payment to Assignor oi> Claimant — Finding of Fact among Conclusions of Law—Conolusiveness upon Appeal.—Where judgment was rendered against an assignee for the benefit of creditors of an insolvent stockbroker, in favor of an intervening creditor, for the difference between the amount realized by the assignee from the sale of stocks belonging to the intervenor’s assignor, and a sum of money deducted therefrom on account of moneys received by such assignor, the finding that such sum was to be deducted from such amount is a finding of fact, although placed after the conclusions of law; and, in the'absence of the evidence presented thereon in a statement or bill of exceptions, such finding of fact is conclusive upon, appeal.</p> <p>Id.—Unauthorized Modification of Judgment. — After the court has rendered judgment in accordance with its findings, neither the findings nor the judgment can be changed except through a motion for a new trial, or upon appeal, and the court loses all power to change its findings of fact after the entry of judgment, in the absence of a motion for a new trial, and has no power, in the absence of such motion, to modify the judgment drawn from the findings of fact as made.</p> <p>Id.—Stipulation for Modification of Judgment—Statement of Attorney.—Where some of the parties to the action stipulated for a modification of the judgment, but the attorney for the appellant expressly' refused to sign any stipulation, and merely verbally expressed the willingness of his client to obey the order of the court, such statement is not the equivalent of a stipulation, and does not prevent his client from objecting upon appeal to the want of authority in the court to modify the judgment.</p> <p>Id.—Authority of Attorney to Bind Client—Presumption—Knowledge of Client’s Instructions.—Although, as a general rule, a stipulation of an attorney will be presumed to have been authorized by the client, yet, when the adverse part