Lynch v. Kelly

Citations

• 41 Cal. 232

Syllabus

<p>Judgment oe Justice oe the Peace.—If, on. a jury trial before a Justice of the Peace, the jury find a verdict for a sum certain for the plaintiff, and the Justice thereupon enters the verdict in his docket, but fails to enter up a judgment, it is an irregularity; but not such an one as renders a sale made upon an execution, which recites a judgment issued thereon, void.</p> <p>Justices’ Judgment on Verdict oe Jury.—The formal entry of a judgment by a Justice of the Peace, upon the verdict of a jury, is a mere clerical duty, which he may be compelled to perform; and if he fails to do so a motion to setaside an execution should be sustained; but an execution issued by the Justice, which recites a judgment, is not void by reason of his failure to enter the judgment.</p> <p>Former Judgment in Bar.—A plea of former judgment as.a bar is sustained by proof of a former trial before a Justice, and the verdict of a jury entered on his docket, without any formal entry of judgment.</p>