Gray v. Palmer & Eaton
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. A motion was made on the part of counsel for respondent Gray, to dismiss this appeal, on the ground that the appeal was not taken in time. The first decree was entered some time in the year 1855, probably in October, but it is not certain, as there is no date to the decree.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. A motion was made on the part of counsel for respondent Gray, to dismiss this appeal, on the ground that the appeal was not taken in time. The first decree was entered some time in the year 1855, probably in October, but it is not certain, as there is no date to the decree. The actions were consolidated October 24,1855, and the decree seems to have followed directly after the order of consolidation. The second decree was made on the twenty-first day of ¡November, 1856. The notice of appeal was filed in…
1Opinion of the CourtBurnett, J.
The learned counsel for the appellants has made several" points, some of which apply to both causes, and others to only one.
But before we proceed to examine the points made by the appellants, we must first dispose of the motion made by the plaintiffs to dismiss the appeal upon the ground that it was not taken within the time limited by the statute. The fate of the motion depends upon the question whether the decree rendered twenty-seventh of October, 1855, was interlocutory or final. If, final, the appeal was too late. If interlocutory, the appeal was in time.. The decree adjudges that a…
2Cases cited4 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
- Pitts v. WaughMassachusetts Supreme Judicial Court · 1808
3Cited by39 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Akley v. BassettCalifornia Supreme Court · 1922
- Bates v. BabcockCalifornia Supreme Court · 1892
- Doudell v. ShooCalifornia Supreme Court · 1911
- Coward v. ClantonCalifornia Supreme Court · 1889
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