Hoover

The appeal in this case is taken by defendant from the judgment, and is presented on the judgment-roll alone.

Plaintiff sued to recover a balance of $317.01, alleged to be due and unpaid on account of the purchase price of a crop of lemons. The judgment was for the amount prayed for. After trial, the court made and filed its findings of fact and conclusions of law. Thereafter the clerk entered judgment in the following form:

One of the contentions made by appellant is that this entry of judgment is insufficient, and that it amounts only to a certificate of the clerk that the court did prior to the entry thereof make its findings. With this contention we do not agree. Section 632, Code of Civil Procedure, provides that, “upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision.” By section 633, immediately following, it is provided: “In giving the decision, the facts found and the conclusions of law must be separately stated. Judgment upon the decision must be entered accordingly.” The findings of fact and conclusions of law are the only papers in connection with…