gno.law

Pioneer Cleaners & Dyers v. Miller

California Supreme Court · L. A. No. 14772 · 1934-10-22 · Published · 1 Cal. 2d 674

PIONEER CLEANERS & DYERS (a Corporation) v. LOUIS MILLER

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

Motion to dismiss the appeal on the ground that the notice of appeal was filed too late.

The judgment was entered on October 9, 1933. The sixty-day period, provided by section 939" of the Code of Civil Procedure for filing notice of appeal, expired December 8, 1933, and no appeal was taken within that time. No proceedings on motion for a new trial were pending during said sixty-day period. The filing of a notice of intention to move for a new trial on December 20, 1933, was ineffectual to extend the time, and the situation here presented is not affected by section 12a of the Code of Civil Procedure. The motion must be granted on the authority of Lawson v. Guild, 215 Cal. 378 [10 Pac. (2d) 459].

The appeal is dismissed.

Cites, in this corpus