Menzies v. Watson

Citations

• 105 Cal. 109
• 38 P. 641
• 1894 Cal. LEXIS 1119

Syllabus

<p>Entry of Judgment—Motion to Correct Mistake as to Date—Burden of Proof—Sufficient Showing.—The burden of proof is upon the moving party upon a motion to correct an alleged mistake as to the date of the entry of the judgment, and, where a clear showing is not made that the judgment was not entered at the date indorsed at the foot of the record of judgment in the judgment-book, the date so entered must prevail.</p> <p>Id.—Duty of Clerk—Violation of Duty.—It is the duty of the clerk to show the true date of the clerical entry of the judgment in the judgment-book, and to willfully make a false certificate as to the date is a violation of official duty.</p> <p>ID.—Making-up of Judgment-roll—Docketing Judgment.—The judgment-roll cannot be made up and filed until after the entry of the judgment in the judgment-book, and not until after this entry can the judgment be docketed and a judgment lien created.</p>