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Fugazi v. Kelly
1922 Cal. App. LEXIS 584
| Cal. Ct. App. | 1922
|
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Defendant Slye appeals from a judgment foreclosing a mortgage securing payment of a note for $25,000. The complaint asked for judgment for $25,000, with accrued interest, counsel fees, and costs. The clerk of the court after trial made an entry in his minutes reciting that judgment had been ordered in the sum of $3107.37, with counsel fees and costs. A few days thereafter findings of fact and conclusions of law were filed with a decree awarding judgment in the sum of $31,447.24, with counsel fees and costs. Appellant insists that the trial court was bound by the minute entry made by the clerk.

[1] No bill of exceptions is presented, so the appeal must be deemed to be one on the judgment-roll alone. [2] The minute entry of judgment is no part of the judgment-roll. *Page 245 (Sec. 670, Code Civ. Proc.) In examining the judgment-roll we find no error.

The appeal is without merit, as the amount noted in the entry of the clerk was manifestly a mere clerical error.

Judgment affirmed.

Langdon, P. J., and Sturtevant, J., concurred.

Case Details

Case Name: Fugazi v. Kelly
Court Name: California Court of Appeal
Date Published: Jan 20, 1922
Citation: 1922 Cal. App. LEXIS 584
Docket Number: Civ. No. 4113.
Court Abbreviation: Cal. Ct. App.
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