Lawler v. Bannerman

Opinion

FLEMING, J.

The judgment appealed from was entered by the trial court on the stipulation of counsel for both parties, which stipulation had been made a matter of record in the trial court’s minutes. Appellant did not seek relief from the stipulation or relief from the judgment in the trial court but filed an appeal. Since a judgment entered pursuant to stipulation is not appealable (Reed v. Murphy, 196 Cal. 395 [238 P. 78]), and since we cannot set aside a stipulation on appeal when relief has not been sought from the trial court (Pawling v. Malley, 107 Cal.App.2d 652 [237 P.2d 663]),…