Lancel v. Postlethwaite
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. :J. M. Seawell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAngellotti, C. J.
This is a motion to dismiss an appeal taken by plaintiff from a judgment of the superior court, on the ground that the same was not taken within the time allowed by law. As stated in Williams v. Long, 130 Cal. 58, [80 Am. St. Rep. 68, 62 Pac. 264], statutes limiting the time of appeal are jurisdictional and mandatory, and in the absence of an express authorization in the statute itself, a court has no power to extend the time for taking an appeal, or to relieve an appellant from the effect of misfortune, accident, surprise or mistake. If the appeal was not taken within the time allowed by…
2Cases cited3 opinions
- Williams v. LongCalifornia Supreme Court · 1900
- California Improvement Co. v. BaroteauCalifornia Supreme Court · 1897
- Burton v. ToddCalifornia Supreme Court · 1886
3Cited by34 opinions
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
- Whitley v. Superior CourtCalifornia Supreme Court · 1941
- People v. LewisCalifornia Supreme Court · 1933
- Ransome-Crummey Co. v. Superior CourtCalifornia Supreme Court · 1922
- Board of Education v. MulcahyCalifornia Court of Appeal · 1942
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