McCourtney v. Fortune

Citations

• 42 Cal. 387

Syllabus

<p>Time to Appeal from Judgment Buns from its Bendition.—Where a judgment for defendant, rendered (though not entered) on December 17th, 1869, was afterwards, on December 29th, 1869, vacated on motion of plaintiff, and a judgment rendered (though not entered) for plaintiff, and defendants’ motion to set aside the last judgment was denied on July 9th, 1870, and judgment for plaintiff entered on July 12th, 1870, and defendant appealed from the judgment on March 27th, 1871: held, that the appeal, not having been taken within a year from the rendition of the judgment, was too late, and that, on motion, is should he dismissed.</p> <p>Appeal from Second Judgment does not carry Order Vacating Pormer Judgment.—Where a judgment was rendered for defendant, and afterwards, on motion of plaintiff, such judgment was ordered to he vacated and set aside, and judgment rendered for plaintiff: held, that alleged error in the order could not he reviewed on an appeal from the judgment for plaintiff—such order being a special order, made after final judgment and itself appealable.</p> <p>Appealable Order cannot be Reviewed on Appeal prom Judgment. Upon an appeal from final judgment, an order, which is itself made by statute the subject of a distinct appeal, cannot be reviewed.</p>