Kirman v. Hunnewill (1891) · DecisionDepot

Kirman v. Hunnewill

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Sep 11, 1891 No. No. 14463Published

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Holding. The court dismissed the appeal because it was filed more than one year after the entry of judgment.

Issues

Whether an appeal filed more than one year after the entry of judgment is timely.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The judgment in this cause was entered November 2, 1888, and the appeal therefrom was not.taken until more than one year thereafter; viz., December 8, 1890. The motion to dismiss the appeal therefrom must therefore be granted.”

“The appeal from the judgment is dismissed.”

Synopsis

Motion to dismiss appeal from a judgment of the Superior Court of Mono County.

The facts are stated in the opinion of the court.

The Court. Motion to dismiss appeal.

The judgment in this cause was entered November 2, 1888, and the appeal therefrom was not.taken until more than one year thereafter; viz., December 8, 1890. The motion to dismiss the appeal therefrom must therefore be granted.

Whether the appellants are entitled to have the execution of the judgment stayed until the determination of the appeal from the order denying a new trial cannot be considered upon this motion. (See Fulton v. Hanna, 40 Cal. 278.)

The appeal from the judgment is dismissed.

Kirman v. Hunnewill

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