Bengel

An action of the appellant against the respondent was tried in the Superior Court of Los Angeles County on October 25, 26, 29 and 30, 1928, on which last-mentioned date, the respondent’s counsel having moved for a nonsuit, the minutes of the clerk recite: “Defendants’ motion for nonsuit as to defendant Wm. I. Traeger in case No. 201623 is by the court granted.” A formal judgment of nonsuit was signed and filed in said court on January 2, 1929, and was entered in book 701, at page 224, of Judgments, on the day following. The plaintiff appealed on March 26, 1929, “from that certain judgment of nonsuit therein made, rendered and filed in the said superior court, and docketed and entered therein on January 3rd, 1929.” The respondent moved this court for a dismissal of the appeal, assigning as grounds therefor that it was not filed until after the judgment had become final, and that the time for appeal expired sixty days after October 30, 1928. The appellant contends that such time did not commence to run until the judgment was entered. Both parties rely upon section 581 of the Code of Civil Procedure, which reads as follows:

It is contended by the appellant that the “entry” of the…