Will v. Sinkwitz

Citations

• 41 Cal. 588
• 1871 Cal. LEXIS 140

Syllabus

<p>Effect of Remittitur of Supreme Court upon District Court.— \Where an \order of the Supreme Court reverses an order of the District Court, by which a judgment in a County Court modifying a judgment in a Justice’s Court has been modified, and remands the cause with directions to vacate the judgment of the County Court, the District Court has power under the remittitur .from the Supreme Court to do nothing further than to vacate the order of the County Court; it cannot render judgment for the defendant unless so expressly ordered by the Supreme Court.</p> <p>Clerical Error in Judgment.—Where, in such a case, the District Court renders judgment in accordance with the order of the Supreme Court, but the Clerk of the District Court uses an improper form in entering the judgment, by which the Court is represented as dismissing the cause, the mistake of the Clerk does not change the judgment; it is a clerical blunder.</p> <p>Effect of Judgment.—In the case stated, the result of the judgment of the Supreme Court was to leave the cause in the County Court in the condition in which it stood when the papers were filed therein on appeal from the Justice’s Court.</p> <p>Erroneous Judgment.—Where an order of a superior Court is filed in a County Court, vacating a previous order of the latter Court which modified a judgment in a Justice’s Court, and the County Court directs its previous order to be vacated in accordance with the decision of the superior Court, it is error for the County Court to grant a motion for judgment on the pleadings and the Justice’s record in the case, the motion having been made ' prior to its order vacating the previous judgment.</p> <p>New Trial.—In such a case the annulling of the judgment of the County Court makes a new trial of the cause indispensable.</p> <p>Nuisance—Remedy by Action for Damages.—Where the acts complained of amount to nuisance, for which the person injured may have his action to abate the nuisance, he is hot limited to that remed