Porter v. Borden's Dairy Delivery Co.
Court of Appeals for the Ninth Circuit
1Per curiam
The Notice of Appeal, filed March 15, 1946, is from “the final judgment entered in this action on January 29, 1946.” On January 29 findings were filed and entered. It was not until the next day, January 30, that judgment was entered. We are of the opinion that since the notice *799of appeal is addressed to the final judgment that the mistake of a day in the designation of the date of its entry is immaterial and that the appeal is well taken, Martin v. Clarke, 7 Cir., 105 F.2d 685, 124 A.L.R. 497; Shannon v. Retail Clerks’ International P. Ass’n, 7 Cir., 128 F.2d 553; and Wilson v. Southern Ry.…
2Cases cited3 opinions
- Wilson v. Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1945
- Martin v. ClarkeCourt of Appeals for the Seventh Circuit · 1939
- Shannon v. Retail Clerks, International Protective Ass'nCourt of Appeals for the Seventh Circuit · 1942
3Cited by13 opinions
- Richards v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- Inland Freight Lines v. United StatesCourt of Appeals for the Tenth Circuit · 1951
- The F. & M. Schaefer Brewing Co. v. United StatesCourt of Appeals for the Second Circuit · 1956
- Elmer E. McDermitt v. United StatesCourt of Appeals for the Sixth Circuit · 1992
- Hatsumi Yoshizaki v. Hilo HospitalHawaii Supreme Court · 1967
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