DocketNumber: Docket No. 6797.
Citation Numbers: 276 P. 1119, 98 Cal. App. 267
Filed Date: 4/12/1929
Status: Precedential
Modified Date: 4/9/2017
THE COURT.
Motion to dismiss appeal. It appears from the record that the judgment appealed from was entered November 27, 1928. The time for taking an appeal expired sixty *Page 268
days thereafter or on January 26, 1929. The notice of appeal was filed February 14, 1929. No notice of intention to move for a new trial or notice of motion for a new trial has ever been made or filed. Appellants claim that as no findings of fact or conclusions of law have ever been filed, judgment has never been rendered and the sixty-day period has not therefore commenced to run. [1] No findings were necessary. The judgment sought to be appealed from was decided upon a question of law. Nor was notice of the entry of judgment necessary. [2] Section 939 of the Code of Civil Procedure does not require the service of notice of entry of judgment in order to set the time running within which an appeal from a judgment may be taken. (Schainman v. Kierce,
It follows that the appeal must be dismissed and it is so ordered.
Estate of Kearns , 129 Cal. App. 2d 832 ( 1954 )
Smith & Wesson, Inc. v. Municipal Court , 136 Cal. App. 2d 673 ( 1955 )
Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. , 136 Cal. Rptr. 378 ( 1977 )
Wadler v. Justice Court of Merced Judicial District , 144 Cal. App. 2d 739 ( 1956 )
Cow Hollow Improvement Club v. Board of Permit Appeals , 245 Cal. App. 2d 160 ( 1966 )
Coast Elevator Co. v. State Board of Equalization , 118 Cal. Rptr. 818 ( 1975 )