Golden Gate Mill & Mining Co. v. Joshua Hendy Machine Works

This was an action of trespass for breaking into the building of the plaintiff, and injuring and carrying away certain machinery which was affixed thereto. There was a verdict for the plaintiff for nine hundred dollars, and the defendant, against whom it was rendered, appeals from the judgment, and from an order denying a new trial.

1. We do not think that the appellant’s criticisms upon the complaint are well founded.

2. The judgment was not entered until one year after the rendition of the verdict, and in entering it the clerk included therein interest on the amount of the verdict from the time of its rendition. It is objected that this was unauthorized. If the point were well taken, it could only lead to a slight modification of the judgment at the appellant’s costs. But it is not well taken. The statute expressly provides that “the clerk must include in the judgment entered up by him any interest on the verdict or decision of the court from the time it was rendered or made.” (Code Civ. Proc., sec. 1035.) This provision authorized the course taken. There is nothing to the contrary in Alpers v. Schammel, 75 Cal. 590 . If there were, the decision would be in direct conflict…