Purdy

Purdy v. Johnson

Good Law
100 Cal. App. 416·1929 Cal. App. LEXIS 281·280 P. 181
Court of Appeal of CaliforniaAugust 22, 1929Docket No. 6542.California2,484 words

Opinion

lead Opinion

This appeal is from an order modifying a judgment theretofore made and entered in accordance with the direction of this court (Purdy v. Johnson, 78 Cal. App. 310 [ 248 Pac. 764 ]), and is the third appeal in this case.

Appellants urge two questions: The first has reference to the trial costs allowed plaintiff, amounting to $905.30, and the other to charging defendants with interest upon certain annual balances due plaintiff.

The action involves an accounting of a trust created by the last will and testament of Alberto Trescony, deceased. At the first trial a balance of $8,996.17 was found in favor of defendant trustees, but upon appeal by plaintiff this judgment was reversed. (Purdy v. Johnson, 174 Cal. 521 [ 163 Pac. 893 ].) At the second trial, a balance of $10,981.74 was found in favor of plaintiff, for which she was given judgment, including her costs of both trials, amounting to the sum of $905.30. Upon defendants’ appeal this judgment was modified, and the trial court was directed to cast a new account to include items which had been rejected, and affecting interest charges against the trustees, and with this modification the judgment was affirmed. Upon the recasting of…

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