Berman v. Blankenship Motors

This is a motion to dismiss an appeal upon the ground that the notice of appeal came too late.

Defendants, respondents here, presented a motion for a new trial but the court denied the motion. On the same day the clerk made -a note thereof in his rough minutes and the next day the court’s ruling was duly entered in the regular minutes. The date of this entry, however, was of the date of the ruling.

Section 939, Code of Civil Procedure, provides: “If proceedings on motion for a new trial are pending, the time *135for appeal from the judgment shall not expire until thirty days after entry in the…