power to correct error (California) · Go Syfert
← California issues

power to correct error in California

7 California opinions name it 2 courts 1945–2014 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Bateman v. Colgangreen
cal · 1896 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(See Bateman v. Colgan (1896) 111 Cal. 580, 587-588 [ 44 P. 238 ].) We conclude that the Governor had the power both to establish the task force, and to finance it from the appropriation for his office. (5d) It necessarily follows, we believe, that when the Governor became aware that the task force had been financed from improper sources, depleting funds appropriated for other purposes, he had the power to correct the error and reimburse the injured departments from the budget of his office.

1986(See Bateman v. Colgan (1896) 111 Cal. 580, 587-588 [ 44 P. 238 ].) We conclude that the Governor had the power both to establish the task force, and to finance it from the appropriation for his office. (5d) It necessarily follows, we believe, that when the Governor became aware that the task force had been financed from improper sources, depleting funds appropriated for other purposes, he had the power to correct the error and reimburse the injured departments from the budget of his office.

11
People v. Thomasgreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978(People v. Thomas (1976) 65 Cal.App.3d 854, 858 [ 135 Cal.Rptr. 644 ].) While this reviewing court has the power to correct this error, which appears to be a clerical error because the oral pronouncement of the sentence simply directed that the appellant be committed to the state prison system for the term prescribed by law, the issue is moot, as we reverse the judgment of conviction. . 7 We find the failure to permit cross-examination of the minor and his mother, Mrs. O., was reversible error. 8 Appellant bases this contention on an alleged violation of article I, section 15, of the Californi

1978(People v. Thomas (1976) 65 Cal.App.3d 854, 858 [ 135 Cal.Rptr. 644 ].) While this reviewing court has the power to correct this error, which appears to be a clerical error because the oral pronouncement of the sentence simply directed that the appellant be committed to the state prison system for the term prescribed by law, the issue is moot, as we reverse the judgment of conviction. . 7 We find the failure to permit cross-examination of the minor and his mother, Mrs. O., was reversible error. 8 Appellant bases this contention on an alleged violation of article I, section 15, of the Californi

11
Sjoberg v. Hastorfgreen
cal · 1948 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969Nor does it seem proper to allow an appeal from the entire judgment, in disregard of the long-established rule that an appeal does not lie from an interlocutory judgment in a partnership accounting action. (10) It is settled law that a party may appeal from part of a severable judgment. (3 Witkin, Cal. Procedure (1954) p. 2186.) Accordingly, no violence would be done to our appellate practice by allowing such a partial appeal here. (11) And despite the "one final judgment rule," it is established that an interlocutory judgment, not expressly made appealable by statute, is nevertheless appealab

1969Nor does it seem proper to allow an appeal from the entire judgment, in disregard of the long-established rule that an appeal does not lie from an interlocutory judgment in a partnership accounting action. (10) It is settled law that a party may appeal from part of a severable judgment. (3 Witkin, Cal. Procedure (1954) p. 2186.) Accordingly, no violence would be done to our appellate practice by allowing such a partial appeal here. (11) And despite the "one final judgment rule," it is established that an interlocutory judgment, not expressly made appealable by statute, is nevertheless appealab

11
Greene v. Superior Courtgreen
cal · 1961 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969Nor does it seem proper to allow an appeal from the entire judgment, in disregard of the long-established rule that an appeal does not lie from an interlocutory judgment in a partnership accounting action. (10) It is settled law that a party may appeal from part of a severable judgment. (3 Witkin, Cal. Procedure (1954) p. 2186.) Accordingly, no violence would be done to our appellate practice by allowing such a partial appeal here. (11) And despite the "one final judgment rule," it is established that an interlocutory judgment, not expressly made appealable by statute, is nevertheless appealab

1969Nor does it seem proper to allow an appeal from the entire judgment, in disregard of the long-established rule that an appeal does not lie from an interlocutory judgment in a partnership accounting action. (10) It is settled law that a party may appeal from part of a severable judgment. (3 Witkin, Cal. Procedure (1954) p. 2186.) Accordingly, no violence would be done to our appellate practice by allowing such a partial appeal here. (11) And despite the "one final judgment rule," it is established that an interlocutory judgment, not expressly made appealable by statute, is nevertheless appealab

11
Davis v. Rudolphgreen
calctapp · 1947 · cited in 1 California opinions naming this issue, 1954–1954
2 sentences

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Harman v. Cabaniss neutral
cal · 1929
2 sentences

1946It also said, page 717, that as to such clerical errors, when same are apparent upon the face of the record, no time limit exists as far as the right to make the correction is concerned, and that the trial court has full power to determine whether the error was clerical or judicial in character, citing Harman v. Cabaniss, 207 Cal. 60 [ 276 P. 569 ].

1946It also said, page 717, that as to such clerical errors, when same are apparent upon the face of the record, no time limit exists as far as the right to make the correction is concerned, and that the trial court has full power to determine whether the error was clerical or judicial in character, citing Harman v. Cabaniss, 207 Cal. 60 [ 276 P. 569 ].

21945–1946
People v. Jones green
cal · 2012
1 sentence

2014(People v. Jones (2012) 54 Cal.4th 1, 89 .) The abstract must be amended to correct the error. 31 DISPOSITION The judgments are affirmed.

12014–2014
Davis v. Alaska green
scotus · 1974
2 sentences

1978(People v. Thomas (1976) 65 Cal.App.3d 854, 858 [ 135 Cal.Rptr. 644 ].) While this reviewing court has the power to correct this error, which appears to be a clerical error because the oral pronouncement of the sentence simply directed that the appellant be committed to the state prison system for the term prescribed by law, the issue is moot, as we reverse the judgment of conviction. . 7 We find the failure to permit cross-examination of the minor and his mother, Mrs. O., was reversible error. 8 Appellant bases this contention on an alleged violation of article I, section 15, of the Californi

1978(People v. Thomas (1976) 65 Cal.App.3d 854, 858 [ 135 Cal.Rptr. 644 ].) While this reviewing court has the power to correct this error, which appears to be a clerical error because the oral pronouncement of the sentence simply directed that the appellant be committed to the state prison system for the term prescribed by law, the issue is moot, as we reverse the judgment of conviction. . 7 We find the failure to permit cross-examination of the minor and his mother, Mrs. O., was reversible error. 8 Appellant bases this contention on an alleged violation of article I, section 15, of the Californi

11978–1978
Estate of Goldberg green
cal · 1938
2 sentences

1954In Estate of Goldberg, 10 Cal.2d 709 [ 76 P.2d 508 ], it was held that when, on the face of the record, it appears that a clerical error has been committed and carried into the judgment or decree the court has the authority and the power to correct such error.

1954In Estate of Goldberg, 10 Cal.2d 709 [ 76 P.2d 508 ], it was held that when, on the face of the record, it appears that a clerical error has been committed and carried into the judgment or decree the court has the authority and the power to correct such error.

11954–1954
Martin v. Ray green
calctapp · 1946
2 sentences

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

11954–1954
In Re Estate of Layton green
cal · 1933
2 sentences

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

11954–1954
People v. Ward green
cal · 1904
2 sentences

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

1954See also Davis v. Rudolph, 80 Cal.App.2d 397 [ 181 P.2d 765 ]; Martin v. Ray, 74 Cal.App.2d 922 [ 170 P.2d 75 ]; Estate of Layton, 217 Cal. 451 [ 19 P.2d 793 , 91 A.L.R. 480 ]; and People v. Ward, 141 Cal. 628 [ 75 P. 306 ].

11954–1954

Where else courts name it

CA 7 (1945–2014) NY 5 (1883–2000) OK 4 (1940–2015) TX 4 (1933–2009) MS 3 (2006–2015) IL 2 (1925–1980) DC 2 (1976–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check