Mann v. Haley
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. This was an action for the restitution and possession of certain lands on the Encinal of San Antonio. The plaintiffs had judgment for the possession of the entire premises described in the complaint. Afterwards the Court modified the judgment so as to make it apply to a smaller tract. The defendants appeal from the modified judgment.
1Opinion of the Court
By the Court:
A judgment was originally rendered in the action on the 11th day of October, 1870. As the result of a motion for a new trial, a modification of this judgment was directed by the'Court below on March 30th, 1871. . On March 5th, 1872, an appeal was taken “from the judgment * * * entered * ■* ■* on the 30th day of March, A. D. 1871.” Objection is now made by the respondent that the appeal, having been taken more than one year after the 11th day of October, 1870, is too late, and must be dismissed on that ground. The modification of a judgment, made as the result of a motion for a…
2Cited by7 opinions
- Forrester v. CookUtah Supreme Court · 1930
- McConville v. Superior CourtCalifornia Court of Appeal · 1926
- Hayes v. Silver Creek & Panoche Land & Water Co.California Supreme Court · 1902
- California MacHinery & Supply Co. v. University City Syndicate, Inc.California Court of Appeal · 1934
- Bixby v. BentCalifornia Supreme Court · 1881
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