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Schroder v. Schmidt

Supreme Court of California
Dec 13, 1886
71 Cal. 399 (Cal. 1886)

Opinion

         Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.

         Motion to dismiss appeal.

         COUNSEL:

         John F. Burris, for Appellant.

          E. W. Blaney, for Respondent.


         JUDGES: In Bank. Sharpstein, J. Thornton, J., McKinstry, J., Myrick, J., Morrison, C. J., and McKee, J., concurred.

         OPINION

          SHARPSTEIN, Judge

         Respondent moves to have the appeals from the judgment and the order denying the motion for a new trial dismissed on the ground that the appeals were taken before the judgment was entered. That is doubtless a sufficient ground for dismissing the appeal from the judgment. (McLaughlin v. Doherty , 54 Cal. 519; Thomas v. Anderson , 55 Cal. 43.) But the appeal from the order denying the motion for a new trial was taken within sixty days after the order was made. That is within the time prescribed by the code. (Code Civ. Proc., sec. 939.) We think no sufficient ground for dismissing the appeal from the order denying the motion for a new trial has been shown in this case, and the motion to dismiss that appeal is denied.          Appeal from the judgment dismissed.


Summaries of

Schroder v. Schmidt

Supreme Court of California
Dec 13, 1886
71 Cal. 399 (Cal. 1886)
Case details for

Schroder v. Schmidt

Case Details

Full title:CHARLES SCHRODER, Appellant, v. JOHN C. SCHMIDT

Court:Supreme Court of California

Date published: Dec 13, 1886

Citations

71 Cal. 399 (Cal. 1886)
12 P. 302

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