Wood v. Etiwanda Water Co.

Citations

• 122 Cal. 152
• 54 P. 726
• 1898 Cal. LEXIS 549

Syllabus

<p>Appeal prom Judgment—Limitation op Time—Review op Evidence.—The limitation of time for an appeal from a judgment does not begin to run until the entry of the judgment, and no valid appeal can be taken therefrom prior to its entry; yet the evidence cannot be reviewed, upon such an appeal, unless it is taken within sixty days after the rendition of the judgment, which consists of its announcement by the court and entry upon the minutes of the clerk, or of the filing of the findings and order for judgment.</p> <p>Id,—Unreasonable Statute—Matter por Legislature.—The fact that the law, without apparent reason, permits the successful party effectually to prevent a review of the facts upon an appeal from the judgment, • by delaying its entry for sixty days after its rendition, is matter for the consideration of the legislature.</p> <p>Id.—Review op Findings—Bill op Exceptions.—If the appeal from the judgment is not taken within sixty days after-its rendition, the evidence contained in the bill of exceptions cannot be looked at to explain or make clear the findings; but the findings must speak for themselves.</p> <p>Water Rights—Appropriation—Railroad Lands—Statute op Limitations.—The statute of limitations in favor of an appropriator of water upon lands embraced in the grant by Congress to.a railroad company began to run from the date of the grant,, if the water was appropriated prior to the grant, and from the date of the appropriation, if made thereafter, and not from the date of the patent subsequently issued.</p> <p>Id.—Public Lands of United States—Act of Congress.—An ap propriation of water upon public lands belonging to the Unite A States is vested in the appropriator by grant under the act of Congress of 1866 (U. S. Rev. Stats., secs. 2339, 2340); and as to lands thereafter acquired by others from the United States, the right of the appropriator rests upon the act of Congress, and not upon adverse possession under the statute of limitations, except as to new act