G.S. Donaldson Inv. Co. v. Shay

California Court of Appeal

G.S. Donaldson Inv. Co. v. Shay

261 P. 499, 86 Cal. App. 763, 1927 Cal. App. LEXIS 301

CourtCalifornia Court of Appeal

DecidedNovember 16, 1927

DocketDocket No. 5728.

StatusPublished

Cited by1 cases

This text of 261 P. 499 (G.S. Donaldson Inv. Co. v. Shay) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

G.S. Donaldson Inv. Co. v. Shay, 261 P. 499, 86 Cal. App. 763, 1927 Cal. App. LEXIS 301 (Cal. Ct. App. 1927).

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Opinion

This is a motion to dismiss the appeal on the ground that the notice of appeal was filed too late. It is submitted to us upon the motion and brief of respondent only, the appellant having failed to file any reply.

[1] From the certificate of the county clerk it appears that the judgment appealed from was entered on July 15, 1926, and that the notice of appeal was filed on April 9, 1927, and more than sixty days after the entry of judgment. No proceedings for a new trial were begun. Section 939 of the Code of Civil Procedure provides that "An appeal may be taken from any judgment . . . within sixty days from the entry of said judgment." It has been uniformly held that the appeal must be taken within the time prescribed by law, otherwise the appellate court is without *Page 764 jurisdiction to entertain it. (Lancel v. Postlethwaite,172 Cal. 326 [156 P. 486].)

Appeal dismissed.

Works, P.J., and Craig, J., concurred.

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This is a motion to dismiss the appeal on the ground that the notice of appeal was filed too late. It is submitted to us upon the motion and brief of respondent only, the appellant having failed to file any reply.

[1] From the certificate of the county clerk it appears that the judgment appealed from was entered on July 15, 1926, and that the notice of appeal was filed on April 9, 1927, and more than sixty days after the entry of judgment. No proceedings for a new trial were begun. Section 939 of the Code of Civil Procedure provides that "An appeal may be taken from any judgment . . . within sixty days from the entry of said judgment." It has been uniformly held that the appeal must be taken within the time prescribed by law, otherwise the appellate court is without *Page 764 jurisdiction to entertain it. (Lancel v. Postlethwaite,172 Cal. 326 [156 P. 486].)

Appeal dismissed.

Works, P.J., and Craig, J., concurred.

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Bluebook (online)

261 P. 499, 86 Cal. App. 763, 1927 Cal. App. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gs-donaldson-inv-co-v-shay-calctapp-1927.

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