Smith v. Southern Pacific Co.

OPINION

By the Court,

Coleman, J.:

This case is before the court on the motion of the plaintiff to dismiss the appeal which was taken from the order denying the defendant’s motion for a new trial.

The ground of the motion is that the appeal was not taken within six months from the rendition of the judgment in the case. It is conceded that the appeal was taken within 60 days from the entry of the order appealed from.

The time within which an appeal may be taken is fixed by section 5329, Rev. Laws (section 387, Civ. Code), as amended by chapter 91, Stats. 1913, which reads:

“An appeal may be taken:

“1.…