(Download) "Lankton v. Superior Court of Los Angeles County" by Supreme Court Of California In Bank # eBook PDF Kindle ePub Free
eBook details
- Title: Lankton v. Superior Court of Los Angeles County
- Author : Supreme Court Of California In Bank
- Release Date : January 25, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
CURTIS, J. Proceeding to review order of trial court or prohibit said court from modifying judgment after the time for appeal from said judgment and for motion for new trial has elapsed. No showing was attempted to be made that the judgment had been rendered through the mistake, inadvertence, surprise or excusable neglect of the defendant. Therefore, the court was without authority to modify the judgment upon any of those grounds under the provisions of section 473 of the Code of Civil Procedure. The modification which the court in its memorandum opinion indicated it proposed to make in the judgment was to reduce the amount thereof from $3,970 to $2,295, not on the ground of any clerical error of the court in the rendition of the judgment, but because the court upon the argument of the motion to modify the judgment came to the conclusion that it was without authority to enter a judgment for an amount exceeding the sum of $2,295. The decision of the court at the time of its rendition of the judgment that the plaintiff was entitled to a judgment against the defendant in