Henry v. Merguire

Citations

• 111 Cal. 1
• 43 P. 387
• 1896 Cal. LEXIS 536

Syllabus

<p>Appeal from Judgment—Limitation of Time—Dismissal.—An appeal from a judgment not taken within one year from the entry of the judgment is ineffectual, and will he dismissed.</p> <p>Id.—Limitation Inflexible. —The period fixed hy the statute is an express and peremptory limitation of time within which the appeal must be taken, and is not a flexible rule to be varied by extrinsic circumstances.</p> <p>Id.—Effect of Appeal from Order Granting New Trial—Computation of Time to Appeal from Judgment.—An appeal from an order granting a new trial operates to suspend the functions of the order, and leaves the judgment subsisting, for the purposes of an appeal therefrom pending the order; and the time between the making of the order and the reversal thereof upon appeal cannot he excluded from the computation of time within which an appeal must be taken from the judgment.</p>