# Flynn v. Flynn

> California Supreme Court · January 8, 1954 · 42 Cal. 2d 55

URL: https://www.frixlaw.com/law-library/cases/9559113

## Case

- **Full name:** LILIANE CARRE FLYNN, Respondent, v. ERROL LESLIE FLYNN, Appellant
- **Court:** California Supreme Court
- **Decided:** January 8, 1954
- **Citations:** 42 Cal. 2d 55; 265 P.2d 865; 1954 Cal. LEXIS 157
- **Precedential status:** Published
- **Opinion:** Concurrence by Schauer
- **Judges:** Traynor, Schauer, Carter
- **Cited by:** 93 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9559113

## Opinion text

SCHAUER, J.
I concur in the judgment. I do not agree that by the mere fiat of a declaration in a judgment, when upon the face of the judgment itself the falsity of the declaration is manifest, this court or anyone else is bound, or even entitled, to accept the falsity as verity.
The statement in the decree in this case that ‘ ‘ The property settlement agreement between the parties hereto ... is hereby specifically incorporated herein and made a part of this decree” undoubtedly was intended to be verity but the most casual inspection of the entire judgment (or the judgment *62 roll) discloses that in truth the agreement is not “incorporated” therein or “made a part” thereof. “In no case is a judgment effectual for any purpose until entered.” (Code Civ. Proc., § 664.) To enter a judgment means to copy it in the “judgment book” so that it becomes a permanent and public record (see Code Civ. Proc., § 668), so that he who reads may lmow its content. Any portion of a judgment not entered in the judgment book would be ineffectual for any purpose. If the clerk by error omitted to enter any part of a judgment which had been filed, the error of the ministerial officer could be corrected; but if he has performed his duty and the judgment as entered is truly the judgment as rendered, and that judgment has become final, then neither this court nor any other court or person has power to add words to the language of that judgment.
Neither do I agree with implications in the majority opinion that a court may arbitrarily disregard the whole or any portion of a property settlement agreement which has been fairly executed. Husband and wife are competent to contract with each other in respect to property rights to the same extent “which either might if unmarried.” (Civ. Code, §§ 158, 159.) When divorce is contemplated, public policy favors the settlement of property rights by agreement. The most basic rules governing freedom to contract and the integrity of contracts require that agreements between competent parties, fairly entered into and with a good consideration, be respected.
The trial court correctly denied defendant’s motion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9559113. Public record. Not legal advice.