Judnick v. Judnick

[381]

BRITTAIN, J.

Motions to dismiss two appeals. On December 6, 1918, judgment was entered in the superior court in favor of the plaintiff and against Judniek Bros., a co-partnership, and Steve Judniek, for the sum of $900, interest and costs. Thereafter Antone Judniek, one of the firm of Judniek Bros., appealed from the judgment. Upon motion made on behalf of the plaintiff and respondent, the appeal from the judgment was dismissed by an order of this court on August 13, 1919, on which

remitiiiv/r

was filed in the superior court on October 14, 1919.

One of the defendants, Steve Judniek, on February 26, 1919, paid to the plaintiff $346 for release of one-third of the judgment. While the matter was pending in this court on appeal from the judgment the defendants, or some of them, caused to be entered on the register of actions in the superior court under dates of July 24th and 28th, a statement that a certificate of sale had been filed, satisfaction of judgment filed, judgment satisfied and docket discharged. These entries were based upon the satisfaction of judgment executed by one Meurice Swim, described as “purchaser at sheriff’s sale of judgment.” The satisfaction recited that it was by “the undersigned purchaser of said judgment in the above-entitled action at an execution sale of said judgment had upon execution issued out of the Superior Court in the State of /California, in and for the City and County of San Francisco, in that certain action wherein Antone J. Judniek was plaintiff, and the said Mary Judniek and Frank Judniek were defendants, and which said judgment was rendered and entered on the 21st day of September, 1918, and which said action lastly hereinbefore referred to was and is known as and numbered 67350 in the records of said Superior Court.” It appears that Frank Judniek was also one of the firm of Judniek- Bros. The action in which the present appeals •were taken was numbered 88965 of the records of the superior court. Judgment in favor of Antone Judniek and against Mary Judniek was for sixteen dollars, and the sale of the judgment involved in these appeals was made for the sum of twenty dollars.

On December 23, 1919, on motion the superior court made an order vacating and setting aside the entries made by the clerk relating to the satisfaction of the judgment, and one of the two appeals is from that order. On January 6, 1920,