Williams v. Long
California Supreme Court
MOTION" to dismiss an appeal from a judgment of the Superior Court of Tuolumne County. G-. W. Nicol, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This is a motion to dismiss defendants’ appeal from the judgment, upon the ground that the appeal was taken after the statutory period had elapsed. This fact is not denied, but in resisting the motion it is shown that some eighteen days before the expiration of the six months allowed for appeal the plaintiff, in whose favor the judgment was rendered, had died, and that only after the expiration of the six months was an administratrix of his estate appointed, upon whom service with due diligence was made. Under this showing it is contended that the running of the statute of limitations should…
2Cases cited2 opinions
- Pace v. Ficklin'sSupreme Court of Virginia · 1882
- Henry v. MerguireCalifornia Supreme Court · 1896
3Cited by21 opinions
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
- People v. SlobodionCalifornia Supreme Court · 1947
- People v. LewisCalifornia Supreme Court · 1933
- Maynard v. BrandonCalifornia Supreme Court · 2005
- Lancel v. PostlethwaiteCalifornia Supreme Court · 1916
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