Henly v. Hastings
California Supreme Court
Appeal from the Sixth Judicial District. The record in this case shows, that on the 6th July, 1850, judgment was rendered hy confession in favor of plaintiffs, against defendant for $9500. On this judgment execution issued, which was returned with satisfaction thereof endorsed and signed by plaintiffs, as received of Chevor, one of defendants (except the costs not paid). This endorsement of satisfaction was upon the return of the execution, entered upon the margin of the…
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Appeal from the Sixth Judicial District. The record in this case shows, that on the 6th July, 1850, judgment was rendered hy confession in favor of plaintiffs, against defendant for $9500. On this judgment execution issued, which was returned with satisfaction thereof endorsed and signed by plaintiffs, as received of Chevor, one of defendants (except the costs not paid). This endorsement of satisfaction was upon the return of the execution, entered upon the margin of the judgment. The endorsement is dated October 1st, 1851, and the return was made to the clerk’s office, October 12th, Í 850.…
1Opinion of the CourtHeydenfeldt, Justice
Murray, Chief Justice, concurred.
In February, 1853, the District Court on an ex parte motion, ordered to be stricken out, a marginal entry of satisfaction of a judgment, which had been rendered two years before. This was a wrongful exercise of authority, and is a proper subject for the reviewing power of this court.
But the defendants do not appeal from that order. They make a motion to set aside that order, and then appeal from the refusal to grant their motion. This is certainly not revisable; it is the mere negative action of the court declining to disturb its first decision. It is that…
2Cited by8 opinions
- Pignaz v. BurnettCalifornia Supreme Court · 1897
- People v. VanardCalifornia Supreme Court · 1856
- Smith v. QuestaCalifornia Court of Appeal · 1922
- People v. MontgomeryCalifornia Court of Appeal · 1942
- Ferry v. O'BrienCalifornia Court of Appeal · 1923
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