Coon v. Grand Lodge of the United Order of Honor of California
Cases that cite this one
14 later published cases cite this decision.
- Rosslow v. Janssen (Cal. Ct. App. 1934)
- Banfield v. Schulderman (Or. 1931)
- Lane v. Pellissier (Cal. 1929)
- Kline v. Murray (Mont. 1927)
- Lukich v. Utah Construction Co. (Utah 1916)
- Pedley v. Werdin (Cal. 1909)
- Stutsman v. Sharpless (Iowa 1904)
- Martin v. Smith (S.D. 1899)
- Bunting v. Salz (Cal. 1889)
- 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)
- In re Estate of Scott (Cal. 1899)
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
Judgement was entered for defendant on demurrer.
The motion to dismiss tlie appeal herein on the ground that it was prematurely taken must be granted. The notice of appeal was filed and served on November 2, 1885. The judgment was not entered until December 10, 1885. It is not dated, but it is indorsed, “Judgment recorded December 10, 1885, nunc pro tunc as of October 30,1885.” The judgment is not signed by the judge, and there is no order directing the entry thereof as of October 30, 1885; but if it be presumed that such an order was made, it would not avail the appellant.
The rights of the parties in .respect to an appealajje determined by the date of the actual entry of ment, and they cannot be affected by the cn^B|Jg|SS judgment nunc pro tunc as of prior date. T»Eíw*-hh ww* appeal begins to run from the time of the, (Code Civ. Proc., sec.-939; In re Fifteenth
The appeal is dismissed.
McKinstby, J., and Seabls, C. J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.