Henry v. Merguire
California Supreme Court
Motion in the Supreme Court to dismiss an appeal from a judgment of the Superior Court of Nevada County. John Caldwell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Motion by respondent to dismiss appeal from the judgment. One of the grounds of the motion is that the appeal was not taken within one year from the entry of -judgment, and is therefore too late. The judgment was entered November 2, 1893, and the appeal was taken April 27, 1895. Section 939 of the Code of Civil Procedure provides that an appeal from the judgment must be taken within one year from the entry of the judgment; and it has been uniformly lield that an appeal taken after that time is ineffectual, and must be dismissed. To avoid the effect of that limitation in this instance it is…
2Cases cited1 opinion
- Pierce v. BirkholmCalifornia Supreme Court · 1896
3Cited by13 opinions
- Maynard v. BrandonCalifornia Supreme Court · 2005
- Williams v. LongCalifornia Supreme Court · 1900
- Kline v. MurrayMontana Supreme Court · 1927
- Stanwood v. CarsonCalifornia Supreme Court · 1915
- Philip Carey Co. v. VickersSupreme Court of Oklahoma · 1916
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