Rhoads v. Gray

Citations

• 5 Cal. Unrep. 664
• 48 P. 971
• 1897 Cal. LEXIS 956

Syllabus

<p>Appeal—Undertaking.—Where an Appeal is Taken from the Judgment, and also from the order denying a new trial, an undertaking which recites only that it was in consideration of the appeal from the judgment is ineffectual as to the appeal from the order.</p> <p>Appeal—Time for Taking.—Under Code of Civil Procedure, section 939, providing that an exception to the decision or verdict on the ground that it is not supported by the evidence cannot be reviewed unless the appeal from the judgment is taken within sixty days after its rendition, the judgment must be affirmed where only ground urged on an appeal not taken within sixty days is that the evidence was insufficient to sustain certain findings of fact.1</p>