Stein v. Simpson

DRAPEAU, J.

Motion to dismiss appeal from an order made after judgment. The proceedings necessary to understand the situation are as follows:

August 16, 1949—Judgment for plaintiffs, quieting title to the real property involved in the action, on condition that plaintiffs pay defendant $11,531.02.

October 13, 1949—Motions for new trial and for entry of new and different judgment denied.

October 24, 1949-—Order directing the Clerk to accept $11,-531.02 and to deliver said sum to defendant Simpson upon securing a satisfaction of judgment from defendant Simpson without prejudice to the rights of plaintiffs to petition the Court for withdrawal of said funds on or after November 15, 1949. This money was tendered to defendant on condition that he execute and deliver a satisfaction of judgment, which tender was refused.

November 9, 1949—Defendant’s motion to amend the order of October 24th denied. The amendment sought was to strike out the direction for a satisfaction of judgment in the order of October 24th.

November 10, 1949—Notices of appeal filed: (1) from the order of November 9, 1949; (2) from the judgment of August 16, 1949.

Admittedly the appeal from the judgment is good—and will be heard in due time—at least good so far.

The practical situation is that plaintiffs have their money tied up in the clerk’s office. The action being to quiet title,

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they neither get clear title to the property involved nor the use of their money. This situation may be taken care of by this court after a hearing.

Subsection 2 of section 963, Code of Civil Procedure, provides that special orders after final judgment are appealable.

(Lande

v.

Southern Cal. Freight Lines,

78 Cal.App.2d 417 [177 P.2d 936].)