Leviston v. Swan

Citations

• 33 Cal. 480

Syllabus

<p>Judgment in Foreclosure.—Section two hundred and forty-six of the Practice Act sets forth all the requisites of a judgment in a case of foreclosure. It need only contain a statement of the amount due to the plaintiff, a designation of the defendants who are personally liable for the payment of the debt, and a direction that the mortgaged premises, or so much thereof as may be necessary, be sold according to law, and the proceeds applied to the payment of the expenses of the sale, the costs of the action, and the debt.</p> <p>Docket op Judgment.—If the Sheriff returns that the amount due the plaintiff has not been fully paid by the sale of the mortgaged property, the Clerk, without further order of the Court, dockets the judgment for the balance due against those defendants who are named in the judgment as personally liable for the debt, upon which docketed judgment a general execution may issue.</p> <p>Amendment op Judgment.—Where the judgment first entered was defective in not designating the defendants who were personally liable for the debt, but where the record showed who they were, the Court had the power to amend the judgment, at any time, by adding a clause designating the defendants who were personally liable.</p>