Bulpitt v. Blatz

McCOMB, J. Respondents move to dismiss this appeal upon the ground that it was not taken within the time permitted by rule 3(a), Rules on Appeal (22 Cal.2d 2), and therefore that this court is without jurisdiction to entertain the same.

Chronology

I. October 24, 1947, judgment was entered in favor of respondents.

II. October 30, 1947, respondents mailed to appellant’s attorneys, whose offices were in the same city as the offices of respondent’s attorneys, written notice of the entry of judgment.

III. November 7, 1947, notice of intention to move for a new trial was filed in the clerk’s office by appellant.

IV. December 31, 1947, was the last day for the court to grant or deny the motion for a new trial and upon the court’s failure to act, such motion was denied by operation of law.

V. February 2, 1948, notice of appeal from the judgment was filed.

This is the sole question presented for our determination :

[42] Had appellant’s time for filing a notice of appeal from the judgment entered against him expired on February 2, 1948, the date the notice of appeal was filed f

This question must be answered in the affirmative and is governed by the following rules:

(1) Where service is by mail, and both parties have offices in the same city, the time within which an act may be done by the adverse party is extended one day. (Code Civ. Proc., § 1013.)

(2) Where an act is required by law to be done within a specified period of time, the time is extended by the number of days equal to the number of holidays (other than special holidays) appointed by the President or Governor during such specified period. (Code Civ. Proc., § 12a (b).)

(3) In computing- the time within which an act is to be done, the first day is excluded and the last day is included. (Code Civ, Proc., § 12.)

(4) Thanksgiving Day is a holiday appointed by the President of the United States or the Governor of the state. (Pol. Code, § 10.)