Lambert
Lambert v. Bates
Opinion
Lead Opinion
Angellotti, J.
This is an action to foreclose the lien of a street assessment. A trial was had, resulting in a judgment for defendant. The plaintiff appealed to this court, and the judgment herein was as follows, viz.: “The judgment is reversed, and the superior court is directed to enter judgment on the findings for the plaintiff, as prayed for in his complaint.” (Lambert v. Bates, 137 Cal. 676, 680 , [ 70 Pac. 777, 778 ].) Upon the going down of the remittitur the superior court complied with the mandate of this court and entered the judgment for plaintiff required thereby. This is an appeal on the judgment-roll alone, taken by the defendant from the judgment so entered under the order of this court. There is no claim that the judgment as entered does not fully comply with the directions of this court on the former appeal, the only contention made by appellant being that the findings do not support'" the judgment
The rule contended for by appellant that a judgment cannot stand on appeal unless it be supported by the findings cannot, of course, be disputed. The decision of this court upon the former appeal is, however, conclusive upon the point that the findings here do support the present…