Fugazi

Fugazi v. Kelly

Good Law
1922 Cal. App. LEXIS 584·56 Cal. App. 244·204 P. 866
Court of Appeal of CaliforniaJanuary 20, 1922Civ. No. 4113.California181 words

Lead Opinion

Defendant Slye appeals from a judgment foreclosing a mortgage securing payment of a note for $25,000. The complaint asked for judgment for $25,000, with accrued interest, counsel fees, and costs. The clerk of the court after trial made an entry in his minutes reciting that judgment had been ordered in the sum of $3107.37, with counsel fees and costs. A few days thereafter findings of fact and conclusions of law were filed with a decree awarding judgment in the sum of $31,447.24, with counsel fees and costs. Appellant insists that the trial court was bound by the minute entry made by the clerk. [1] No bill of exceptions is presented, so the appeal must be deemed to be one on the judgment-roll alone. [2] The minute entry of judgment is no part of the judgment-roll. *Page 245 (Sec. 670 , Code Civ. Proc.) In examining the judgment-roll we find no error. The appeal is without merit, as the amount noted in the entry of the clerk was manifestly a mere clerical error. Judgment affirmed. Langdon, P. J., and Sturtevant, J., concurred.