Legal Opinion

McHugh v. Adkins

California Supreme Court

Decided June 9, 1897No. S. F. No. 985PublishedCited by 6 opinions

Motion in the Supreme Court to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

Motion to dismiss the appeal.

The findings of fact and conclusions of law made upon the trial of the above action were filed with the clerk May 1, 1897, and judgment ordered in favor of the plaintiff and against the defendants and intervenor. On the same day the defendants and intervenor filed notices of appeal from this judgment, and also perfected their appeals. Judgment was not entered of record until May 3d. A motion is now made by the plaintiff to dismiss the appeal, upon the ground that it was taken prematurely.

At the time this notice of appeal was given, section 939 of the…

2Cases cited1 opinion

  1. Home for the Care of Inebriates v. KaplanCalifornia Supreme Court · 1890

3Cited by6 opinions

  1. Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
  2. Thomson v. Superior Court of MendicinoCalifornia Supreme Court · 1911
  3. Rapp v. PUB. SERVICE COORDINATED TRANSPORT, INC.New Jersey Superior Court Appellate Division · 1951
  4. Baldwin v. Santa Rosa Island Co.California Supreme Court · 1904
  5. Pedley v. WerdinCalifornia Supreme Court · 1909

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