Dietz

Dietz v. Scott

Good Law
1915 Cal. App. LEXIS 70·27 Cal. App. 320·149 P. 775
Court of Appeal of CaliforniaMay 4, 1915Civ. No. 1601.California335 words

Opinion

lead Opinion

This is an appeal from a judgment foreclosing a mortgage. The appeal purports to be taken under the new or alternative method prescribed by section 953a et seq. of the Code of Civil Procedure, but the notice required by that section was not given to the clerk of the court below, requesting the preparation of such portions of the record as the defendants desired to use upon the appeal. The clerk, however, prepared and certified to a record which purports to contain the judgment-roll, several intermediate orders made by the trial court, a paper writing signed by the defendants, declaring and notifying the commissioner appointed to make the foreclosure sale that the mortgaged premises were by virtue of a pre-existing homestead exempt from execution to the extent of five thousand dollars; and another paper writing, filed with the clerk subsequent to the entry of the judgment, setting forth numerous objections to the judgment, and demanding that the judgment be dismissed for the reasons stated in the objections.

The intermediate orders and the papers referred to are clearly no part of the judgment-roll, and as their integrity and purpose have not been certified to by the trial judge,…

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