Union Lumber Co. v. Sunset Road Oil Co.

Appeal is taken from a judgment entered against defendant and from an order denying a new trial. It is suggested in the brief of respondent that both appeals should be dismissed, that from the judgment because the notice of appeal was served-and filed more than sixty days after the entry of the judgment, and that from the order denying the motion for a new trial because the notice of appeal was filed more than sixty days after such order was entered. The appeal from the judgment was taken within six months after the judgment was entered, and this appeal, therefore, was in time, except that in a consideration thereof the question as to the sufficiency of the evidence to sustain the decision cannot be inquired into. Subdivision 1 of section 939, Code of Civil Procedure, provides that where the sufficiency of the evidence to sustain the decision is the matter to which inquiry is pointed, the appeal must be taken within sixty days after the entry of the judgment. However, the appeal from the judgment is effectual for the purpose of securing to appellant a review of any alleged errors of law occurring at the trial. In subdi vision 3 of section 939, Code of Civil Procedure, it is…