First Natl. Bank of San Luis Obispo v. Henderson

The plaintiff is a banking corporation, and brought this action upon an account stated between it and the defendants for the amount of certain payments made upon their checks. Judgment was rendered in its favor, and the defendant, Greenberg, has appealed therefrom. One of the defenses set forth in his answer is the failure of the plaintiff to comply with the provisions of the act of April 1, 1876 (Stats. 1876, p. *309 729), in that it had failed to file with the county recorder or to publish the statements therein required. It sufficiently appears from the findings and evidence that this defense was established at the trial, but it is contended by the respondent that, inasmuch as the legislature has repealed the statute since the appeal was taken herein, the error has been thereby released, and the judgment should be affirmed. The judgment herein was entered January 12,1893, and the appeal therefrom was taken January 21, 1893, and the statute referred to •was repealed March 9, 1893, without any saving clause.

Ordinarily it is the province of an appellate court to review the judgment of the inferior court as of the time when it was rendered, as ordinarily the judgment of a trial…