Department of Highways v. Clemmons

The decision in the present case enjoins the execution of a Court of Appeal judgment for $86,000 in favor of private land*67owners against a road-building contractor and its surety. Although conceding finality of the judgment, the majority justifies the result on the ground that the landowners were entitled to no more than $25,000 and the equity powers of the court should be exercised to,prevent the execution of the judgment. I disagree with the decision.

By both constitutional and statutory provisions, a judgment of the Court of Appeal becomes final and executory when the delay for applying for…