Brandley v. Lewis

LARSON, Justice.

At the outset we are met with a motion to dismiss the appeal on the ground the same was not taken within the time prescribed by law. If this was an action in unlawful detainer, as respondent contends, the appeal was not taken timely and should be dismissed. On the other hand, if the action is not one in unlawful detainer but is one for a declaratory judgment construing a contract, as appellant now contends, the appeal was taken in time. Let us explore the record for an answer.

The amended complaint, which is the one on which the cause was tried and the only one in the record on…