McMillan v. Richards

An appeal was taken to this Court from the District Court of Marin. The Court rendered a judgment of reversal, and directed the Court to enter for the respondent a final judgment. The precise judgment was declared in specific terms, leaving no discretion in the Court below. It was in substance and effect a final judgment and disposition of the whole subject matter by this Court: “ The Court only directing the lower Court to perform a specific ministerial duty of registering the decree ordered and directed by this Court.” The Clerk of the Marin Court entered the judgment in vacation. A motion…