Leake v. City of Venice
California Court of Appeal
MOTION to dismiss appeals from judgments of the Superior Court of Los Angeles County. Buss Avery, Judge. Denied. The facts are stated in the opinion of the court.
1Opinion of the CourtConrey, P. J.
Respondents move to dismiss the appeals
from the judgments herein, on the ground that no appeal was taken until more than sixty days after entry of judgment in each of the three eases included in the consolidated record on appeal; it being contended by respondents that no proceeding on motion for new trial was pending at any time in either of said actions. [1] Under section 939 of the Code of Civil Procedure, the sixty-day limit of time for appealing from a judgment cannot be extended, except by the pendency of proceedings on motion for a new trial. The records on which the motion to dismiss…
2Cases cited2 opinions
- Livermore v. WebbCalifornia Supreme Court · 1880
- Canadian Bank of Commerce v. LealeCalifornia Court of Appeal · 1910
3Cited by3 opinions
- Sedarovich v. PaulCalifornia Court of Appeal · 1936
- Estate of MorganCalifornia Court of Appeal · 1928
- Mountain States Implement Co. v. AraveIdaho Supreme Court · 1931