Kimple v. Conway

Citations

• 69 Cal. 71
• 10 P. 189
• 1886 Cal. LEXIS 628

Syllabus

<p>Appeal—Nonsuit — Order—Judgment.—No appeal lies from an order or judgment of nonsuit.</p> <p>Id. —Judgment must be Entered beeore Appeal. — An appeal from a final judgment cannot be taken until after it has been entered.</p> <p>Id. — Order Dissolving Injunction—Transcript. — On an appeal from an order dissolving a preliminary injunction, the order must be embodied in the transcript.</p> <p>Id. —Order Denting New Trial—Appeal erom—Notice. — A notice of appeal stated that the plaintiff appealed from an. order overruling and denying his motion to set aside a judgment or order of nonsuit, and dissolving a preliminary injunction, and for granting a rehearing therein. The plaintiff had previously served a notice -of motion for a rehearing or new trial, which had been denied. Held, that the appeal referred to in the notice was from the order denying the new trial.</p> <p>Id. —Judgment Roll—Transcript must Contain. — On an appeal from aa order refusing a new trial, the judgment roll must be embodied in the transcript.</p>