Schroder v. Schmidt

Decided December 13, 1886

California Supreme Court · decided 1886-12-13

<p>Appeal from Judgment — Entry of Judgment Essential.—An appeal from a judgment cannot be taken before the judgment is entered. If so taken, the appeal will be dismissed.</p> <p>Id.—Order Refusing New Trial —Appeal from may be Taken before Entry of Judgment.—An appeal from an order refusing a new trial may be taken before the judgment is entered.</p>

Relies on McLaughlin v. Doherty · Thomas v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-13

How this case has been cited

Cited by 9 later decisions — most recently January 1925

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sharpstein, J.

¶1Respondent moves to have the appeals from the judgment and the order denying the motion for a new trial dismissed on the ground that the appeals were taken before the judgment was entered. That is doubtless a sufficient ground for dismissing the *400appeal from the judgment. (McLaughlin v. Doherty, 54 Cal. 519; Thomas v. Anderson, 55 Cal. 43.) But the appeal from the order denying the motion for a new trial was taken within sixty days after the order was made. That is within the time prescribed by the code. (Code Civ. Proc., sec. 939.) We think no sufficient ground for dismissing the appeal from the order denying the motion for a new trial has been shown in this case, and the motion to dismiss that appeal is denied.

¶2Appeal from the judgment dismissed.

¶3Thornton, J., McKinstry, J., Myrick, J., Morrison, C. J., and McKee, J., concurred.