Pflug

This is a motion to dismiss an appeal upon the ground that it was not taken within the time prescribed by section 939 of the Code of Civil Procedure. Said motion is supported by a certificate of the clerk of the supe rior court, showing that a judgment herein was rendered in favor of plaintiff: on November 10, 1921; that on November 17, 1921, defendant served and filed a notice of intention to move for a new trial; that on November 25, 1921, said defendant filed a bond on appeal in due form; that said motion for a new trial was heard on January 6, 1922, and denied; that the following entry appears in the minutes of said court under date of January 6, 1922: “No. 113,527. Pauline Pflug v. Julius B. Brown. In this action, the motion for a new trial came on regularly this day to be heard, and after argument by counsel for respective parties, it is ordered that said motion be, and the same is hereby denied. ’ ’

The certificate of said clerk further states that on February 27, 1922, defendant filed a written notice of appeal from said judgment.

It is apparent from-the foregoing recital of facts that the notice of appeal was filed too late, having been filed more than thirty days…