California Supreme Court, 1886

Schroder v. Schmidt

California Supreme Court · Decided December 13, 1886 · Sharpstein

71 Cal. 399; 12 P. 302; 1886 Cal. LEXIS 599

Cases that cite this one

10 later published cases cite this decision.

Carlberg v. Field (S.D. 1913)
Kennedy v. Citizens' National Bank (Iowa 1903)
Hodgins v. Harris (Idaho 1895)
Durant v. Comegys (Idaho 1891)
Banfield v. Schulderman (Or. 1931)
Whitney Central Trust & Savings Bank v. Nicolás Hernández & Co. (Supreme Court of Puerto Rico 1925)
Whitney Central Trust & Savings Bank v. Nicolás Hernández y Ca. (Supreme Court of Puerto Rico 1925)
Castrillón v. Castejón (Supreme Court of Puerto Rico 1919)
Castrillón & Cía. v. Juez Municipal Sustituto de San Juan (Supreme Court of Puerto Rico 1919)
Tyrrell v. Baldwin (Cal. 1887)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Sharpstein, J.

Respondent 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.

Appeal from the judgment dismissed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.