In this motion to dismiss the appeal from the judgment, the record shows that the judgment was entered on December 2, 1930; that the notice of intention to move for a new trial was filed on February 28, 1931, which motion was denied on March 31, 1931; and that the notice of appeal from the judgment was not filed until the twenty-seventh day of April, 1931. It thus appears that considerably more than sixty days elapsed after the entry of the judgment before appellant either filed notice of his intention to move for a new trial, or filed notice of appeal from the judgment.

As far as affects the instant matter, section 939 of the Code of Civil Procedure provides that:

Section 953d of the Code of Civil Procedure is as follows:

Construing the provisions of said section of the code with reference to the effect of a notice of intention to move for a new trial upon the right of appeal, in the case of Ransome-Crummey Co. v. Beggs, 185 Cal. 279 [ 196 Pac. 487 ], it is held that (syllabus):

It therefore becomes apparent that in the circumstances hereinbefore set forth, the filing by appellant of his notice of intention to move for a new trial did not have the effect of extending the time within which he might appeal from the judgment.

But it is contended by the appellant that under the provisions of section 953d of the Code of Civil Procedure, in the absence of any waiver by him in writing of a written notice to him of the entry of judgment, or by oral stipulation made in open court to like effect and the same entered in the minutes, he was entitled to a written notice of the entry of the judgment before the statutory time within which an appeal from the judgment, as provided by the terms of section 939 of said code, would start to run. However, it appears that the authorities are clearly against the position assumed by appellant in that regard.

In the case of Cook v. Cook, 208 Cal. 501 [ 282 Pac. 385 ], it is held that (syllabus):

It follows that the motion to dismiss the appeal herein should be granted. It is so ordered.

Conrey, P. J., and York, J., concurred.