Reed v. Eldredge

Citations

• 27 Cal. 346

Syllabus

<p>Specific Contract Act. — The Act of April 27th, 1863, commonly called the (t Specific Contract Act,” does not authorize the rendition of a judgment to be paid and collected in a specific kind of money, except in an action on a contract or obligation in writing made payable in a ” specific kind of money or currency,” or in an action for the recovery of money received in a fiduciary capacity or to the use of another.</p> <p>Action on Judgment rendered Prior to April 27th, 1863.—In an action upon a judgment rendered prior to the passage of the Act of April 27th, 1863, commonly called the “ Specific Contract Act,” the Court has no power to annex to the judgment rendered an order or direction specifying the kind of money in which payment must be made in satisfaction of the judgment.</p> <p>Judgment at Common Law.—At common law, the judgment of the Court was, that the plaintiff recover his debt or damages, or debt and damages, as the case might be, without any order or direction specifying how the money should be paid by the debtor or made by the officer. After judgment, the law, and not the Court, directed what proceedings should be had for the purpose of satisfying the amount adjudged to be due.</p> <p>Common Law.—Upon the adoption of the common law in this State, the Courts became subject to all its provisions, except in so far as the statutes worked a change in the common law rules.</p>