Lamet v. Miller

By the COURT.

We cannot take notice that plaintiff moved for judgment on the pleadings, or that the motion was granted. Recitals in a judgment entered by the clerk are ordinarily immaterial; at least, on direct appeal. They are not necessary to the judgment, are not ordered by the court, and are frequently but the clerk’s exposition of events antedating the judgment: Lesse v. Clark, 28 Cal. 36.

Here the judgment, with the recitals preceding it—all constituting one continuous writing—is signed by the superior judge. We do not find it necessary to say that, if the recitals contained all the…