Dore v. Klumpke

This is a motion to dismiss an appeal taken from an interlocutory judgment in an action for partition. -The interlocutory decree was filed September 21, 1902. Judgment thereon was entered on September 29, 1902, and this appeal was taken December 30, 1902. Section 936 of the Code ef Civil Procedure makes provision for an appeal from such an interlocutory judgment. Section 939 (subd. 3) of the Code of Civil Procedure establishes the time within which an appeal may be taken, and limits it to “within sixty days after the order of interlocutory judgment is made and entered in the minutes of the…