Genella v. Relyea
Genella v. Relyea
Opinion of the Court
The Court announced its judgment, and the order for judgment was entered in the minutes of the Court on the 15th of August, 1865. The judgment was therefore rendered, and the time for taking an appeal commenced to run on that day. (Gray v. Palmer, 28 Cal. 416 ; Peck v. Courtis, 31 Cal. 207.) But the judgment was actually drawn up in the form in which
As to that portion of the appeal “ from all orders of the District Court, made and entered in the said two actions jointly and severally, either before or after judgment,” the notice of appeal is too general. It points out no particular order, and is insufficient. But if, as supposed by respondent, the intention was to appeal from the orders of December 26th, 1865, striking out statement on motion for new trial, and refusing motion to certify statement, more than sixty days had elapsed after the entry of the orders before the service of notice of appeal, and the appeal was not in time. Besides, no appeal lies from those orders. (Prac. Act, Sections 336 and 347 ; Leffingwell v. Griffing, 29 Cal. 193 ; Ketchum v. Crippen, 31 Cal. 365.) The appeal was not in time and must be dismissed, and it is so ordered.
Mr. Justice Shaeter, being disqualified, did not sit in this case.
Reference
- Full Case Name
- JOSEPH GENELLA v. CHAUNCEY RELYEA, and JOHN MIDDLETONs., and JOHN MIDDLETON v. JOSEPH GENELLAs.
- Cited By
- 22 cases
- Status
- Published
- Syllabus
- Time within which to Appeal.—The one year within which to appeal from a judgment commences to run at the time the Court announces its judgment and the order for judgment is entered in the minutes, and not at the time the Clerk enters the judgment in the Judgment Book. Notice op Appeal.—A notice of appeal which states that the appeal is taken “from all orders of the District Court made and entered in the action” is insufficient. Judgment.—The entry of a judgment in the Judgment Book is a mere ministerial duty of the Clerk. Appeal from Order.—No appeal lies from an order striking out a statement, or from an order denying a motion to certify a statement.