Dinsmore

This is an appeal by the plaintiffs from a judgment against them in an action in which they sought an injunction against the defendants to prevent them from passing over a road which said defendants had constructed at their own cost and expense over the land of plaintiffs. Plaintiffs also asked for two hundred dollars, alleged damages for trespass upon the land of plaintiffs in the building of said road.

At the outset it is necessary to consider, briefly, respondent’s contention that the appeal was filed too late and should be dismissed. The record discloses that a jury answered several special interrogatories at the request of the court, but did not render a verdict. The court then made its findings and judgment, which judgment, in favor of the defendants, was entered on October 31, 1922. There is nothing to indicate when the notice of entry of judgment was served upon the plaintiffs, and in the absence of such a showing the presumption is of a date which will support the subsequent proceedings and orders of the trial court. The time for serving notice of intention to move for a new trial is made dependent upon the service of notice of the entry of judgment. (Code Civ. Proc.,…