Pedley v. Werdin

Citations

• 7 Cal. Unrep. 360
• 99 P. 975
• 1909 Cal. LEXIS 511

Syllabus

<p>Under Code of Civil Procedure, section 939, fixing the time within which to appeal from a judgment after the entry of judgment, the time to appeal begins to run from the moment of the actual entry of the judgment.</p> <p>Appeal—Time.—An Appeal, Taken Before the Judgment is entered of record, as required by Code of Civil Procedure, section 668, is premature, and must be dismissed, though the judgment entered after the notice of appeal was entered nunc pro tunc as of a date prior thereto.</p> <p>Appeal—Time.—Code of Civil Procedure, sections 941a-941c, as amended by Laws of 1907, page 753, chapter 410, providing for a new method of appeal, did not take effect, by reason of Political Code, section 323, until sixty days after the date of approval by the governor, and an appeal taken during the sixty days was not affected thereby.</p>