[1] Appeal—Taking After Expiration of Time—Dismissal.—An appeal taken from a judgment after the time limited by the statute to appeal cannot be considered, but must be dismissed.

[2] Id.—Amendment of Code — Notice of Entry of Judgment — Eights Dependent upon.—Under the provisions of the Code of Civil Procedure relating to appeals, as amended in 1915, the time of serving notice of motion for a new trial and to propose a bill of exceptions is made dependent upon the service of notice of the entry of the judgment, while the time to appeal begins to run from the time of entry of judgment.

[3] Id.—Election by Aggrieved Party—Motions After Judgment— Extension of Time to Appeal.—Under such amended sections the party aggrieved by a judgment is given the election of appealing directly within sixty days from the entry of the judgment, or, if he desires to move either for a new trial or to vacate the judgment in the trial court, he may do so. If he does so within the sixty days allowed for an appeal, the time within which he may appeal is extended automatically until thirty days after the determination of the new trial proceedings, but no such extension of time is made in the statute because of the pendency of proceedings to vacate the judgment on the ground that the conclusions of law are not supported by the findings.

[4] Id.—Time to Move for New Trial.—The losing party is not required to move for a new trial until he receives notice of the entry of judgment unless he waives such notice; but he is not required to wait until he receives the notice of entry, but may give notice of his intention to move for a new trial at any time after judgment. Of his own motion, therefore, he may extend the time within which to appeal by serving notice of motion for a new trial at any time within the sixty-day limitation for appeal, even though he has not received notice of the entry of judgment.

[5] Id.—Expiration of Appeal Period—Privilege of Appealing Terminated.—If, at the expiration of the sixty-day period within which an appeal might have been taken, no notice of intention to movo for a new trial has been given, the time to appeal from the judgment elapses, and the privilege of appealing from the judgment or of having a new trial order reviewed on appeal terminates.

[6] Id.—Notice of Entry of Judgment not Required.—There is no statutory requirement by which the prevailing party in a suit is required to give notice of the entry of the judgment.

[7] to.—Limitation of Time to Appeal—Constitutional Law—Province of Legislature.—Section 939 of the Code of Civil Procedure, as thus construed to limit the right of appeal to the sixt'y-day period if new trial proceedings are not instituted within that period, is not unconstitutional as in violation of section 1 of article XIV of the constitution of the United States. The matters of motions for new trial and appeal are entirely within the control of the legislature. It might altogether abolish the right to move for a new trial, as it has abolished the privilege of appealing from an order made upon a motion for a now trial.

[8] Id.—Failure to Appeal Within Time—Finality of Judgment— Res Adjudicata—Jurisdiction.—When the party aggrieved fails within sixty days after the entry of judgment either to appeal or to commence proceedings for a new trial, the judgment becomes final for all purposes at the expiration of the sixty-day period. The matters determined are res ad judicata-, and an appeal from such a judgment is not within the provisions of the statute, and vests no jurisdiction in the appellate court.