Lowrie v. S. Salz
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The notice of appeal from the judgment and order refusing a new trial was filed on the 26th of April, 1887. The proof of service of the notice consisted of an affidavit of one Robert W. Turner, made on the 30th of April, 1887, and filed on the 2d of May following, in which the affiant deposed as follows: “ That he is, and at all times hereinafter mentioned was, over the…
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Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The notice of appeal from the judgment and order refusing a new trial was filed on the 26th of April, 1887. The proof of service of the notice consisted of an affidavit of one Robert W. Turner, made on the 30th of April, 1887, and filed on the 2d of May following, in which the affiant deposed as follows: “ That he is, and at all times hereinafter mentioned was, over the age of eighteen years, and not a party to the above-entitled action; that he is a clerk in the employ of T. C. Van Ness,…
1Opinion of the CourtSearls, C. J.
—This is an appeal from a judgment of nonsuit, and from an order denying a new trial. The motion to dismiss the appeal from the judgment must be granted. The judgment was entered January 11,1886, and the appeal was taken April 26, 1887, more than one year after the entry of such judgment.
The proof of service of notice of appeal was sufficient, under the rule enunciated in Reed v. Allison, 61 Cal. 461, and "the motion to dismiss is denied as to the appeal from the order denying a new trial.
*352One of the grounds specified in the notice of motion for new trial is “insufficiency of the evidence to…
2Cases cited2 opinions
- Reed v. AllisonCalifornia Supreme Court · 1882
- Honig v. Pacific BankCalifornia Supreme Court · 1887
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