Landstad v. McClellan

I cannot concur in the conclusion reached by my Associates. Appellant's response to the motion to dismiss the appeal is that the appeal, though not taken within 60 days after the filing of the order denying the motion for a new trial, was, in fact, taken, within 60 days after the service of the written notice required by section 442, Code Civ. Proc. (Rev. Code 1919, § 3147), which, as amended by section 1, c. 201, Laws of 1917, reads as follows:

“An appeal to the Supreme Court must be taken within sixty days after written notice of. the filing of the order shall have been given to the party…