From Casetext: Smarter Legal Research

San Diego Investment Company v. Crane

Court of Appeal of California, Second District, Division Two
Mar 21, 1919
40 Cal.App. 393 (Cal. Ct. App. 1919)

Opinion

Civ. No. 2877.

March 21, 1919.

APPEAL from a judgment of the Superior Court of San Diego County. C. N. Andrews, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

Sam Ferry Smith and Laurence H. Smith for Appellant.

E. S. Torrance for Respondent.


The appeal is from "the judgment entered in the above-entitled court on the fourth day of February, A.D. 1916." We have searched through the record in vain to find such a judgment, or, indeed, any judgment. There is none.

We do not know to what appellant refers when, in its notice of appeal, it says it "hereby appeals . . . from the judgment entered . . . on the fourth day of February, A.D. 1916," unless it be the findings and conclusions of law, which, for some unaccountable reason, bear the indorsement, "Entered February 4th, 1916." [1] These, however, do not constitute a judgment. ( Miller v. Sharpe, 54 Cal. 590; Thompson v. Lynch, 43 Cal. 482. ) The clerk's certificate certifies that "the foregoing transcript on appeal is correct and contains a true copy of the judgment-roll in the action." In the absence of anything to the contrary, we must assume that the clerk's certificate states the truth; if it does, then the transcript "contains a true copy of the judgment-roll." [2] Since no judgment appears in the judgment-roll as printed in the transcript, the only possible conclusion is that, as yet, no judgment has been given or made. There is therefore nothing from which to appeal, and the appeal should be dismissed. ( Miller v. Sharpe, supra.)

Appeal dismissed.

Sloane, J., and Thomas, J., concurred.


Summaries of

San Diego Investment Company v. Crane

Court of Appeal of California, Second District, Division Two
Mar 21, 1919
40 Cal.App. 393 (Cal. Ct. App. 1919)
Case details for

San Diego Investment Company v. Crane

Case Details

Full title:SAN DIEGO INVESTMENT COMPANY (a Corporation), Appellant, v. ALEX T. CRANE…

Court:Court of Appeal of California, Second District, Division Two

Date published: Mar 21, 1919

Citations

40 Cal.App. 393 (Cal. Ct. App. 1919)
180 P. 837

Citing Cases

In re Salazar

Such a record does not afford any basis for review. [1] It is fundamental to appellate review that the order…

Hamilton v. Hamilton

We find no merit in the wife's first contention. In the case of San Diego Inv. Co. v. Crane, 40 Cal.App. 393…