Franklin v. Merida
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Edward Franklin sued Ephraim. Merida and others to recover possession of a tract of land in the city and county of San Francisco.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Edward Franklin sued Ephraim. Merida and others to recover possession of a tract of land in the city and county of San Francisco. On the 2d day of October, 1869, the court made the following order for judgment in favor of the plaintiff, and it was entered by the clerk in his book of minutes of the court: “This cause having been heretofore tried before the court without a jury, and submitted for consideration and decision, it is now ordered that plaintiff in this cause have judgment against the…
1Opinion of the Court
By the Court:
There was no necessity for an amendment of the judgment. It was rendered October 2, 1869, in the lifetime of the plaintiff, and recorded October 1, 1874, after his death. Nor was there any necessity to amend the writ of execution, for though it erroneously recited that the judgment had been rendered on the first day of October, 1874, still it otherwise correctly referred to the judgment in such a manner as to identify it. In these respects the order below was erroneous; but, we think that under the circumstances appearing, the motion to restore the defendants to possession was…
2Cited by10 opinions
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- Young v. YoungSupreme Court of Missouri · 1901
- Edwards v. HellingsCalifornia Supreme Court · 1894
- Cahn v. SchmitzArizona Supreme Court · 1941
- White v. AinsworthSupreme Court of Colorado · 1917
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