Legal Opinion

Gray v. Winder

California Supreme Court

Decided December 13, 1888No. 12482PublishedCited by 8 opinions

Appeal from a judgment of the former District Court of the Eighteenth Judicial District, in and for San Diego County, and from an order of the Superior Court of said county denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

The judgment was entered August 25, 1874. The appeal was taken more than thirteen years thereafter. An appeal from a final judgment must be taken within one year after the entry of the same. (Code Civ. Proc., sec. 939.) The motion to dismiss must be granted.

There is also an appeal from an order denying plaintiffs' motion for a new trial. If there appears in the record any sufficient ground for the denial of the motion for a new trial, the order must be affirmed.

The notice of intention to move for a new trial was served and filed on the 6th of November, 1886, a little more than fourteen years…

2Cases cited2 opinions

  1. Cottle v. LeitchCalifornia Supreme Court · 1872
  2. Thorne v. FinnCalifornia Supreme Court · 1886

3Cited by8 opinions

  1. Fuller v. AndersonSouth Dakota Supreme Court · 1926
  2. Wall v. HealdCalifornia Supreme Court · 1892
  3. Forni v. YoellCalifornia Supreme Court · 1893
  4. California Improvement Co. v. BaroteauCalifornia Supreme Court · 1897
  5. Waddingham v. TubbsCalifornia Supreme Court · 1892

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