San Joaquin Land & Water Co. v. West

Citations

• 99 Cal. 345
• 33 P. 928
• 1893 Cal. LEXIS 666

Syllabus

<p>Findings — Rendition of Judgment—Entry of Judgment — Ministerial Act of Clerk.—The decision of the court, consisting of the findings of fact and conclusions of law, given in writing and filed with the clerk, under section 632 of the Code of Civil Procedure, amounts in law to a rendition of the judgment, which the clerk can thereafter at any time enter at length in the records of the court as a ministerial act.</p> <p>Id.—Correction of Clerical Mistake in Entry of Judgment—Lapse of Time. —When a mistake is made by the clerk in the entry of a judgment not authorized by the decision of the court, the error is apparent from the face of the record, and such mistake may be rectified at any time, by reason of the inherent power of the court over its own proceedings, although more than six months have elapsed from the entry of the judgment.</p> <p>Id. —Making Judgment Bear Interest—Authority of Law—Correct Entry bí Clerk.—The insertion by the clerk of the court in a money judgment entered by him of the words, “ with interest thereon at the rate of seven per cent per annum from the date hereof until paid,” is a proper ministerial act, authorized, by law, although no authority therefor is found in the decision of the court, which should not contain any such adjudication, where there is no issue in the case as to the right of the plaintiff to have interest upon the judgment awarded; and a motion to correct the judgment by striking out such words is properly denied.</p>