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98 Cal. App. 2d 837

Shepherd v. Perea

California Court of Appeal

Decided July 21, 1950

California Court of Appeal · decided 1950-07-21

Cited by 2 later decisions — most recently July 1951

2 state decisions

Relies on 98 Cal. App. 2d 518 - Shepherd v. Perea

Good law ✅— No negative treatment on recordhow we know

Decided 1950-07-21

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DRAPEAU, J.

¶1Plaintiffs were unsuccessful in that part of their cause of action for work done on a tractor belonging to defendant. (Shepherd et al. v. Perea, ante, p. 518 [220 P.2d 776] this day decided on appeal.) In his answer, defendant admitted $947.74 due plaintiffs for other work done for him by them. Judgment was rendered for that amount in favor of plaintiffs May 2, 1949.

¶2On attachment proceedings during the action defendant posted cash with the clerk. May 9, 1949, the court made its order directing the clerk to pay plaintiffs $947.74, satisfy the judgment, and pay the balance of the deposit to the defendant.

¶3May 31, 1949, the court made a minute order, vacating the order of May 9, 1949. This was done presumably because no notice of the motion had been given to counsel for the opposing party. Prom this order defendant appeals.

¶4No good can come in prolonging this litigation. The real controversy has been decided. (See opinion in Shepherd et al. v. Perea, No. 17391, ante, page 518 [220 P.2d 776].)

¶5No appeal was taken from the first order, and the same is final.

¶6The minute order vacating the order of May 9, 1949, is reversed.

¶7White, P. J., and Doran, J., concurred.

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