Estes

Motion to dismiss an appeal. This action was brought by plaintiffs to quiet title to certain lands in Ventura County. The certificate of the county clerk of said county reveals that in such action judgment was filed, entered and docketed August 2, 1939, and that a notice of appeal from said judgment was filed in the office of such county clerk on October 10, 1939.

The provisions of section 939 of the Code of Civil Procedure require that an appeal, to be timely, must be taken within sixty days after entry of the judgment or order which it is sought to have reviewed. In Lawson v. Guild, 215 Cal. 378 , at page 380 [ 10 Pac. (2d) 459 ], the Supreme Court uses this decisive language: ‘ ‘ The statute limiting the time in which an appeal may be taken is jurisdictional and mandatory. If the appeal is not taken within the time allowed by law, an appellate court has no power to entertain it.” (Citing Bley v. Board of Dental Examiners, 101 Cal. App. 666, 668 [ 282 Pac. 19 ].) In Lawson v. Guild, supra, it was also settled that service of notice of entry of judgment is not necessary to start the time running within which an appeal may be taken, citing Schainman v. Kierce, 199 Cal. 249, 251 […