Matthai v. Kennedy
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Alameda County dismissing an action. F. B. Ogden, Jndge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
Plaintiff's action was dismissed on August 26, 1904, an order to that effect being entered upon the minutes of the court, as provided by section 581 of the Code of Civil Procedure. Subsequently, upon the twenty-third day of February, 1905, the clerk entered a judgment of dismissal. Plaintiff’s appeal was taken within six months from the last-named date, but more than six months from the entry of the minute order. Defendant moves to dismiss the appeal upon this ground, and the motion must be granted. It is well settled by our decisions that the entry of the order of dismissal in the…
2Cases cited3 opinions
- Pacific Paving Co. v. VizelichCalifornia Supreme Court · 1903
- Marks v. KeenanCalifornia Supreme Court · 1903
- Swortfiguer v. WhiteCalifornia Supreme Court · 1904
3Cited by7 opinions
- Southern Pacific Railroad v. WillettCalifornia Supreme Court · 1932
- Wood, Curtis Co. v. Missouri Etc. Ry. Co.California Supreme Court · 1907
- Scrimsher v. Reliance Rock Co.California Court of Appeal · 1934
- Wilson v. Union Iron Works Dry Dock Co.California Supreme Court · 1914
- Bengel v. TraegerCalifornia Court of Appeal · 1929
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