McLeran v. McNamara

Citations

• 55 Cal. 508
• 1880 Cal. LEXIS 313

Syllabus

<p>Dismissal oh Action—Stipulation—Maxim.—In an action of ejectment, (prior to the adoption of the Codes) a stipulation was filed, and an entry thereof made in the register, dismissing the action as to certain defendants and as to part of the land, but no judgment was entered thereon by the clerk. Meld, that if it was necessary for a formal judgment to be entered, the law would consider that as done which ought to have been done.</p> <p>Id.—Id.—Id.—Stay oh Execution—Jubisdiction.—A plaintiff, who obtains judgment in violation of his written stipulation on file dismissing the action, may be restrained by the court in which judgment was obtained, from enforcing it.</p> <p>Id.—Id.—The attorney for the plaintiff has power to dismiss the action by virtue of his general authority, and a stipulation to that effect does not depend for its efficiency upon a special consent or authority given him by the plaintiff.</p>