Rhoads v. Gray

California Supreme Court

Rhoads v. Gray

48 P. 971, 5 Cal. Unrep. 664

CourtCalifornia Supreme Court

DecidedMay 13, 1897

DocketSac. No. 312

StatusPublished

This text of 48 P. 971 (Rhoads v. Gray) 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.

Bluebook

Rhoads v. Gray, 48 P. 971, 5 Cal. Unrep. 664 (Cal. 1897).

Pincite

Opinion

PER CURIAM.

At the hearing of this cause the appeal from the order denying a new trial was dismissed for want of an undertaking upon such appeal, the $300 undertaking for costs which was filed herein reciting only that it was in consideration of the appeal from the judgment: Duncan v. Times-Mirror Co., 109 Cal. 602, 42 Pac. 147. The only [665]*665ground urged by the appellants in support of the appeal from the judgment is that the evidence was insufficient to sustain certain findings of fact; but, as the appeal was taken more than sixty days after the rendition of the judgment, we are precluded from the examination of that question: Code Civ. Proc., sec. 939. The judgment appealed from was rendered February 14, 1896, and the appeal therefrom was taken November 5, 1896. The judgment is affirmed.

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PER CURIAM.

At the hearing of this cause the appeal from the order denying a new trial was dismissed for want of an undertaking upon such appeal, the $300 undertaking for costs which was filed herein reciting only that it was in consideration of the appeal from the judgment: Duncan v. Times-Mirror Co., 109 Cal. 602, 42 Pac. 147. The only [665]*665ground urged by the appellants in support of the appeal from the judgment is that the evidence was insufficient to sustain certain findings of fact; but, as the appeal was taken more than sixty days after the rendition of the judgment, we are precluded from the examination of that question: Code Civ. Proc., sec. 939. The judgment appealed from was rendered February 14, 1896, and the appeal therefrom was taken November 5, 1896. The judgment is affirmed.

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Bluebook (online)

48 P. 971, 5 Cal. Unrep. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoads-v-gray-cal-1897.