Connolly

This case was tried by the court without a jury, and its decision given in writing and signed by the judge, but not filed with the clerk until after the term of office of the judge had expired.

Upon the back of the proposed decision and in the judge’s handwriting appears the following indorsement: —

The judge thereupon instructed the clerk to deliver the proposed decision so indorsed to plaintiff’s attorney for the purpose of proposing amendments in the event he saw fit to do so, which the clerk accordingly did. No amendments were ever proposed by either party, and so the matter stood on January 5, 1891, when Judge Eearden’s term of office expired. Subsequently the court (Judge Eearden’s successor in office presiding), on-motion of defendant, ordered the decision to be filed, and thereupon judgment was accordingly entered thereon against plaintiff. From which judgment and the order denying his motion for a new trial this appeal is taken by plaintiff.

*206 Section 632 of the Code of Civil Procedure provides: “Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk.....” And sec-

tion 633 provides that, “In giving the…