Coombs v. Hibberd
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff", as administratrix of the estate of John S. Chipman, sued for rents claimed to be due the estate. The other facts are stated in the opinion.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff", as administratrix of the estate of John S. Chipman, sued for rents claimed to be due the estate. The other facts are stated in the opinion. Crane, for Respondent, moved to dismiss the appeal, because it was not taken. within sixty days after the order appealed from was made, nor until more than two years thereafter, and cited Practice Act, Sec. 336, Sub. 3; 10 Cal. 380; 30 Cal. 11; 22 Cal. 650; 23 Cal. 283; 31 Cal. 207; Coombs v. Hibberd, 43 Cal. 453.
1Opinion of the Court
By the Court:
On May 16th, 1870, judgment was rendered in favor of defendant, and on the thirteenth of July following the motion of the plaintiff’ for a new trial was denied. On the 17th of July, 1872, this appeal was taken from the order denying the motion for a new trial. Objection is now made by the respondent that the appeal was not taken in time. It is admitted by the appellant, that the objection in this respect must prevail, unless it be overcome by the effect of an order set up in the transcript, by which order the Court below, on July 29tli, 1870, set aside, or assumed to set aside,…
2Cited by1 opinion
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