30 Cal. 123 | Cal. | 1866
The cause having been tried by the Court without a jury, the decision was announced in open Court at Martinez, Contra Costa County, on the 24th of February, and judgment for plaintiff ordered. Thereupon the following order was entered in the minutes of the Court»:
“ H. W. Carpentier, plaintiff, v. Joseph Thurston et als., defendants.—This cause having heretofore been tried by the Court and taken under advisement, it is now ordered that judgment be entered against the defendants and in favor of the plaintiff, according to the prayer of the complaint. The findings of the Court to be filed hereafter.”
On the 11th of March the Judge delivered to the plaintiff, at San Francisco, written findings, and a draft of judgment, signed by him, together with a written order directing the Clerk to file the same, at the same time instructing said plaintiff to forward the same to the Clerk at Martinez to be filed. On the same day plaintiff delivered the same, properly enveloped and addressed, to Wells, Fargo & Co.’s Express, to be forwarded. On that day, also, plaintiff served upon defendants’ attorney, at San Francisco, the following notice, viz. : “ Fifteenth District Court, Contra Costa County.—H. W. Carpentier v. Joseph Thurston et als. Please take notice that the findings in the above entitled cause have this day been signed by the Judge of said Court, and his decision herein rendered in favor of the plaintiff. March 11th, 1865.”
On the 13th of March the Clerk of the Court filed said findings and judgment, and entered the judgment in pursuance
We think, therefore, that the notice was in time, and that the order appealed from should, on the grounds stated, be affirmed ; and it is so ordered.