Hidden

Hidden v. Jordan

Good Law
1 Cal. Unrep. 216
Supreme Court of CaliforniaJune 5, 1865No. 541California506 words

Opinion

Lead Opinion

Sawyer, J.

This is a separate appeal in the case with the same title (No. 540) decided at the present term. The court, as a part of the judgment in the cause, directed the receiver, after deducting his fees, to deliver over to the plaintiff the premises, and the balance of the rents and profits in his hands. After the entry of judgment, and on the same day on motion of plaintiff’s counsel, without any further showing than the record and judgment in the ease, the court made a separate order, directing the receiver to deliver over to the plaintiff the said premises and the rents and profits. The order was only a repetition of that part of the final judgment bearing upon the same subject, and was wholly unnecessary, as it conferred no additional rights on the plaintiff, or authority on the receiver. The appeal is from this order. The order is subsequent to judgment, and an appeal from it lies. This conclusion is not in conflict with anything said in the recent case of Whitney v. Buckman. On the contrary, in that case we said: “This appeal is not from a final judgment in a special proceeding, but an appeal from an order subsequent to judgment. ’ ’ The order appealed from was based upon the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.