Foss v. Johnstone
California Supreme Court
The facts are stated in the opinion of the court. John Johnstone, Jr., E. Swift Torrance, J. B. Mannix, Stearns & Sweet, and E. S. Torrance, for Appellant.
1Opinion of the CourtShaw, J.
This is an appeal by Johnstone from the judgment and from an order denying his motion for a new trial.
The plaintiff makes a preliminary objection to the jurisdiction- of the appeal, on the ground that the notice of appeal was filed after the time limited for such appeals had expired. The notice of appeal was filed on September 29, 1909. It purports to appeal both from the judgment and from the order. The judgment was rendered on April 2, 1909. The record does not show the exact date of its entry, but the presumption is that it was entered before the judgment-roll was made up, which was on…
2Cases cited31 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Scott v. McNealSupreme Court of the United States · 1894
- Cragin v. PowellSupreme Court of the United States · 1888
- Wright v. RoseberrySupreme Court of the United States · 1887
- Packer v. BirdSupreme Court of the United States · 1891
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3Cited by39 opinions
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- Chandler v. HibberdCalifornia Court of Appeal · 1958
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