Bufalini v. DeMichelis

McMURRAY, J. pro tem.* After appeal from the judgment in Bufalini v. DeMichelis, 3 Civil No. 8654, this day decided (ante, p. 452 [288 P.2d 934]), the trial court made an order nunc pro tunc allowing and directing certain amendments to be made to the findings of fact, conclusions of law and judgment by inserting recording data in the description of the Garnet Queen group of mining claims therein contained. The [459]findings of fact, conclusions of law and judgment as originally signed described the Garnet Queen Mine as follows: "The Garnet Queen Mine, consisting of Garnet Queen No. 1, Garnet Queen No. 2, and Garnet Queen No. 3, situate in the El Portal Mining District, County of Mariposa, State of California, as described in the Location Notice recorded in Yol. A-2, Mining Records of Mariposa County, California, page 394.”

As a matter of fact, the location notice referred to in this description only covered the original notice of location of the Garnet Queen No. 1. There was also an amended location notice recorded affecting the Garnet Queen No. 1 at another place in the mining records of the county. The original and amended location notices of the Garnet Queen No. 2 and No. 3 appeared at still other places in the mining records of the county.

After notice of motion to amend the findings of fact and conclusions of law and the judgment, and argument had thereon, the court allowed their amendment by inserting the correct references to the recorded notices of location and amended notices of location covering all the Garnet Queen claims.

Throughout the pleadings and the trial the Garnet Queen claims were treated as involving three separate, though adjoining, mining claims.

There is no evidence in the principal action nor is it here urged that there is any other Garnet Queen mine or mining claim in the county.

Defendant appeals from the order directing such amendment nunc pro tunc, which was made after appeal was perfected from the original judgment.

Appellant contends that the court was without jurisdiction to alter the judgment after an appeal was perfected since that alteration resulted in the correction of a judicial rather than a clerical error or omission in its records. He also urges that there was no evidence to support the order. He cites many cases in support of his position, but none which are here controlling.