62 P. 104 | Cal. | 1900
This action is based on section
The only question for determination is, Does the judgment imposing the five thousand dollars fine on defendant come within the provisions of section
Again, the section in question is found in a chapter of the Civil Code entitled "Loan of Money," and in that same chapter, at section 1915, interest is defined as follows: "Interest is the compensation allowed by law or fixed by the parties for the use, or forbearance, or detention of money." On no theory of compensation to the state for the use or detention of money can interest be allowed on the judgment. The defendant was never indebted to the state, and the money derived from the fine imposed on defendant was not to be paid into the state treasury until it should be collected (Code Civ. Proc., sec.
It is provided in the Penal Code, at section 1206, that "a judgment that the defendant pay a fine constitutes a lien, in like manner as a judgment in a civil action"; and at section 1214 it is provided that, "if the judgment is for a fine alone, execution may be issued thereon as on a judgment in a civil action." The Code of Civil Procedure had already provided generally for judgment liens and for the issuance of executions on judgments, but it seems the legislature thought those provisions would not be applicable to judgments in criminal cases unless they were specially made so. It follows that if this was necessary as to liens and executions, a similar special enactment was also necessary to make the general provision of the Civil Code as to interest applicable to judgments of a penal nature. And the fact that no such special enactment is to be found in the Penal Code or elsewhere furnishes an argument that the legislature did not intend that judgments of the latter character should bear interest.
The fine could be inflicted upon defendant only on its being "adjudged guilty of usurping," etc. (Code Civ. Proc., sec.
We advise that the order appealed from be reversed and the cause remanded, with directions to the court below to quash the writ only as to that portion of it relating to interest upon the fine.
Britt, C., and Haynes, C., concurred.
For the reasons given in the foregoing opinion the order appealed from is reversed and the cause remanded, with directions to the court below to quash the writ only as to that portion of it relating to interest upon the fine.
McFarland, J., Temple, J., Henshaw, J.