Huntington Park Improvement Co. v. Park Land Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Gavin W. Craig, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Plaintiff appeals from the judgment and also from an order denying its motion for a new trial.
The defendant objects to the consideration of the appeal from the order on the ground that the appeal was taken too late. The order denying a new trial was made on August 29, 191L The notice of appeal was filed with the clerk sixty-four days thereafter, to wit: on November 1, 1911. This was too late under sections 939 and 940 of the Code of Civil Procedure. But it was not too late under section 941b of the Code of Civil Procedure, if it was filed within sixty days after notice of the entry of the…
2Cases cited1 opinion
- Foss v. JohnstoneCalifornia Supreme Court · 1910
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