North Confidence Min. Etc. Co. v. Fitch
This text of 223 P. 974 (North Confidence Min. Etc. Co. v. Fitch) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The respondents moved to dismiss the appeal from the judgment taken by the appellants upon the ground that the notice of appeal was filed too late. This question turns upon whether or not there was a motion pending for a new trial. Appellants claim that the notice of intention to move for a new trial was not properly served and filed. Since the hearing of the motion affidavits have been filed showing that the notice of intention to move for a new trial was properly served by mail. The notice *Page 337 of appeal from the judgment was filed within due time after the disposition of the motion for a new trial and the motion to dismiss the appeal from the judgment is, therefore, denied.
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Cite This Page — Counsel Stack
223 P. 974, 193 Cal. 336, 1924 Cal. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-confidence-min-etc-co-v-fitch-cal-1924.