Bleja v. Mager

Is the county clerk required to docket an interlocutory judgment for costs ? This is the question presented in this case. The defendant’s demurrer to the complaint was sustained with costs and interlocutory judgment was entered fixing these at the sum of forty-five dollars, but the county clerk refused to docket the judgment. This action has been brought by the plaintiff against the county clerk to recover the penalty provided in section 1248 of the Code of Civil Procedure. This section reads as follows:

“ 1248. A clérk who omits, as soon as practicable, to *680docket a judgment required to be…