Mann v. Haley

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

<p>Appeal from the District Court of the Third Judicial District, County of Alameda.</p> <p>The action was ejectment; the plaintiffs were allowed to file an amended complaint, in which the names of additional plaintiffs were inserted; they obtained judgment, and the Clerk in entering the judgment followed the enumeration of plaintiffs in the original complaint. The defendants moved to vacate the judgment, on the ground of the mistake, and the motion being denied, they appealed.</p>

Cited by 1 later decisions — most recently June 1947

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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By the Court:

¶1The judgment was rendered, or at least entered by the Clerk-in form, against the proper defendants, and there is no question but that it is for the recovery of the proper prem*654ises, but- it seems that the names of some of the plaintiffs appearing in the amended complaint were omitted in the entry of judgment. We see in this circumstance, however, no ground for a motion to vacate the judgment, as was attempted upon the part of the defendants.

¶2If the circumstances of the case are such as to make it worth while for either party to move to amend the entry of judgment in respect to the enumeration of parties plaintiff, the Court below would doubtless permit the amendment in that respect to be made.

¶3Order affirmed. Remittitur to issue forthwith.