Ackerman v. Schultz

Cleveland Schultz sought to appeal from a judgment against him on the cross-complaint of Bert. T. Dem-mitt, and from an order denying his motion for a new trial.

Respondent says that the appeal from the judgment was taken too late. Judgment was entered January 27, 1914. Appeal therefrom was dated, served, and filed January 20, 1915. Under section 939 of the Code of Civil Procedure, before its amendment in 1915, this was too late, as the pend-ency of the proceedings on motion for new trial did not extend the time for appeal from the judgment.

We are, therefore, limited to a consideration of the…