Market Street Railway Co. v. Railroad Commission of California

Two appeals have been taken from a single judgment of the Supreme Court of California because counsel was uncertain when the judgment became final for our jurisdictional purposes. The decision was rendered July 1, 1944; it concluded, “The order is affirmed”; a petition for rehearing was denied July 27, 1944. The first appeal was applied for and allowed on July 31,1944. If the judgment became final on denial of rehearing, this appeal was timely. However, the California Rules on Appeal expressly provide that a decision of the Supreme Court “becomes final thirty days after filing unless…