Adolph Ramish, Inc. v. Behr

Respondent moves to dismiss this appeal upon the ground that it was not taken within the time permitted by section 939 of the Code of Civil Procedure and, therefore, that this court is without jurisdiction to entertain the same.

It is conceded that January 15, 1940, the judgment was entered from which the purported appeal was taken; January 26, 1940, notice of intention to move for a new trial was served and filed; February 20, 1940, an order denying appellants’ motion for a new trial was made and entered; and March 22, 1940, appellants’ notice of appeal to this court was served and filed.

This…