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Doran v. City and County of San Francisco

California Court of Appeals, First District, First Division
Nov 5, 1954
275 P.2d 840 (Cal. Ct. App. 1954)

Opinion


Page __

__ Cal.App.2d __ 275 P.2d 840 Jeanne DORAN, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Defendant and Respondent. Civ. 15816. California Court of Appeals, First District, First Division Nov. 5, 1954

Fitz-Gerald Ames, Sr., Jack Werchick, San Francisco, for appellant.

Dion R. Holm, City Atty., City and County of San Francisco, Jerome Cohen, Deputy City Atty., San Francisco, for respondent.

PER CURIAM.

Appellant has filed a petition for rehearing requesting that this court modify its opinion to provide additionally that the original judgment in favor of plaintiff be reinstated as of the date of the original entry and that it bear interest from that date. Respondent concedes that our reversal of the order granting new trial has that effect by operation of law. See Bond v. United Railroads of San Francisco, 159 Cal. 270, 287, 113 P. 366, 48 L.R.A., N.S., 687. There is no need to modify the opinion in this respect. The court below, or its clerk, will perform the ministerial duty of computing the interest which has accrued since the date of the entry of the original judgment and include it in the judgment finally entered, as provided by section 1033, Code of Civil Procedure.

The petition for rehearing is denied.


Summaries of

Doran v. City and County of San Francisco

California Court of Appeals, First District, First Division
Nov 5, 1954
275 P.2d 840 (Cal. Ct. App. 1954)
Case details for

Doran v. City and County of San Francisco

Case Details

Full title:Jeanne DORAN, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN…

Court:California Court of Appeals, First District, First Division

Date published: Nov 5, 1954

Citations

275 P.2d 840 (Cal. Ct. App. 1954)

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