Proctor

Proctor v. Smith

Good Law
1931 Cal. LEXIS 421·214 Cal. 227·4 P.2d 773
Supreme Court of CaliforniaOctober 30, 1931Docket No. S.F. 13502.California2,197 words

Opinion

Lead Opinion

Defendant prosecutes this appeal from the judgments in two actions (consolidated for the purposes of trial and brought up on appeal on one transcript) brought by plaintiff for an accounting for sums alleged to be due plaintiff from defendant under the terms of a logging contract. In addition to the main dispute as to the amount of lumber actually- sold by defendant under the terms of this contract, both parties likewise asked for certain incidental damages alleged to be due the respective parties.

After a trial before the court without a jury, plaintiff received judgment against defendant in action numbered 15077 on the files of the Superior Court in and for the County of Sonoma, in the sum of $4,535.57, and in the second action, numbered 15503 on the files of said court, received judgment in the sum of $2,144.43. In denying motions for new trials in each of said actions, the trial court filed an “amended” judgment, in which $500 was deducted from the first judgment and $338.68 was deducted from the second judgment.

The first point urged by appellant is that the trial court was without power thus to amend its judgment in this fashion. In order to understand this contention, the…

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