Sutton v. Symons
California Supreme Court
Motion to dismiss an appeal from an order of the Superior Court of Tuolumne County striking out a statement on motion for a new trial, and motion to strike out a portion of the transcript upon appeal. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
Respondent has moved to dismiss the appeal from an order of the superior court of Tuolumne County striking out appellants' statement on motion, for a new trial, upon the ground that it was not taken in time. Such an order is an order made after final judgment, and an appeal therefrom must be taken within sixty days. The appeal in this case was taken too late, and must be dismissed. (Calderwood v. Peyser, 42 Cal. 110; Clark v. Crane, 57 Cal. 633.)
Respondent also makes a motion to strike out certain portions of the transcript, upon the ground that they are no part of the record. The…
2Cases cited2 opinions
- Clark v. CraneCalifornia Supreme Court · 1881
- Calderwood v. PeyserCalifornia Supreme Court · 1871
3Cited by12 opinions
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
- Crackel v. CrackelCalifornia Court of Appeal · 1911
- Ferguson v. HolbornOregon Supreme Court · 1922
- Lukasik v. LukasikCalifornia Court of Appeal · 1952
- First National Bank v. StansburyCalifornia Court of Appeal · 1931
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