Genella v. Relyea
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The above cause is but one action, and being on original bill to foreclose two mortgages, and on cross bill to set aside and cancel those mortgages, and another mortgage based upon the same title, both actions were tried together, and only one judgment was rendered in the Court below.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The above cause is but one action, and being on original bill to foreclose two mortgages, and on cross bill to set aside and cancel those mortgages, and another mortgage based upon the same title, both actions were tried together, and only one judgment was rendered in the Court below. The Court dismissed the bill to foreclose the mortgages, and gave judgment that they be cancelled and surrendered. The plaintiff, Genella, appealed. The respondent moved to dismiss the appeal. The other facts are stated…
1Opinion of the Court
By the Court, Sawyer, J.:
The Court announced its judgment, and the order for judgment was entered in the minutes of the Court on the 15th of August, 1865. The judgment was therefore rendered, and the time for taking an appeal commenced to run on that day. (Gray v. Palmer, 28 Cal. 416 ; Peck v. Courtis, 31 Cal. 207.) But the judgment was actually drawn up in the form in which *160it was designed to be entered, signed by the Judge, and filed by the Clerk on the 9th of September, 1865, and nothing remained to be done except the mere ministerial duty, to be performed by the Clerk, of copying it into…
2Cases cited4 opinions
- Gray v. PalmerCalifornia Supreme Court · 1865
- Peck v. CourtisCalifornia Supreme Court · 1866
- Casement v. RinggoldCalifornia Supreme Court · 1865
- Ketchum v. CrippenCalifornia Supreme Court · 1866
3Cited by22 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
- In re the Estate of CookCalifornia Supreme Court · 1888
- In re RoseCalifornia Supreme Court · 1889
- People v. SchmitzCalifornia Court of Appeal · 1908
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