Hampshire Arms Hotel Co. v. Wells

On September 27, 1940, plaintiff recovered a verdict of guilty against defendant in an unlawful detainer proceeding entitling it to enter a judgment thereon for the restitution of the premises involved. On September 28, 1940, defendant served notice of appeal from the judgment although judgment had not then been entered.

Judgment ivas entered at defendant’s request on October 17. The time to appeal therefrom expired on October 27. On October 29, plaintiff served notice to dismiss the appeal as prematurely taken. On November 4, 1940, the judge who tried the case made and filed an esc parte…