People Ex Rel. Bank Commissioners v. Bank of Mendocino County

Appeal from an order refusing motion of defendant to modify an injunction. The injunction affected by the motion was part of the judgment rendered March 10,1896, in a suit of the people against the defendant corporation, under section 11 of the Bank Commissioners’ Act, as amended March 26,1895. (Stats. 1895, p. 173.) The motion was made on two grounds, namely: the one, “that the judgment, ... by its terms, provides that it be operative only until the further order of the court”; the other, “that the said judgment, in so far as it restrains and enjoins . . . the . . . defendant bank, etc., is not warranted by the law and facts of the said case.” It is claimed by the appellants that the judgment in which the injunction was ordered is “ an interlocutory order, and not a final judgment”; and the motion, with regard to both the grounds specified, proceeds on this assumption. Otherwise the appeal would not lie, or at least could not be sustained; for the time for appealing from the judgment has long since expired, and—assuming it to be final—it was not in the power of the court to modify it. (Code Civ. Proc., sec. 939, subds. 1, 3.)

On the other hand, even were the judgment…