Brennan v. Brennan
California Supreme Court
Appeal from a decree of the Superior Court of the county of San Joaquin, and from an order refusing a new trial. Thomas Brennan obtained a judgment against Daniel Brennan for $1,538. Daniel moved for a new trial, but died before the decision oí the motion. Hannah Brennan, the appellant, was appointed executrix of his estate, and substituted as defendant.
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Appeal from a decree of the Superior Court of the county of San Joaquin, and from an order refusing a new trial. Thomas Brennan obtained a judgment against Daniel Brennan for $1,538. Daniel moved for a new trial, but died before the decision oí the motion. Hannah Brennan, the appellant, was appointed executrix of his estate, and substituted as defendant. At the hearing of the motion an order was made modifying the judgment so as to make the amount $990, instead of $1,538. An entry was made of the order, and the figures were changed on the judgment roll, but no new judgment was entered. The…
1Opinion of the CourtThornton, J.
The judgment rendered at the instance of the moving party, the executrix of D. Brennan, deceased, was in legal effect a judgment against her. She had then been made a party. Her testator had then died. Ho valid judgment could have been entered against the testator after his death. The new judgment was one against the testatrix, to be paid in due course of administration.
It makes no differencé that the judgment was not formally entered. The court can order it to be entered properly nune pro tuno, there being enough in the record to amend by. In this view the filing of the certified copy of the…
2Cited by8 opinions
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- Wright v. Farmers Nat. BankSupreme Court of Oklahoma · 1925
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