Nelson v. Donovan

The respondent moves to dismiss the appeal from the order granting a new trial, for the reason that the appeal was not taken within sixty days after the order was filed with the clerk of the district court.

It appears by the record that, the new trial was granted in April, 1893, and that the appeal was taken August 12, 1893. The appeal must be taken “within sixty days after the order .... is made and entered in the minutes of the court, or filed with the clerk.” (Code Civ. Proc., § 421.) The appeal from the order granting a new trial was not taken within the time prescribed, and must be…