Guar. Tr. & Sav. Bank v. City of Los Angeles

Good Law
186 Cal. 110·1921 Cal. LEXIS 418·199 P. 35
Supreme Court of CaliforniaJune 7, 1921L. A. No. 6420.California3,066 words

Opinion

Lead Opinion

Shaw, J.

[1] The appellant, city of Los Angeles, filed its notice of appeal on December 9, 1919, stating therein that it appeals from the modified supplemental decree entered on October 14, 1919, and from the judgments or decrees entered respectively on January 12, 1918, March 29, 1918, July 3, 1918, August 15, 1918, and January 17, 1919, and from each of them. Inasmuch as the only decree mentioned which was entered within sixty days after the filing of the notice of appeal is that of October 14, 1919, it follows that the only effectual appeal is from the decree of October 14, 1919. The appeal is on the judgment-roll alone, and we cannot on this appeal consider the validity or merits of any other decree than that of October 14, 1919, unless the preceding decrees are merely interlocutory orders or judgments of a character that makes them reviewable on appeal from the last decree. If either of the preceding decrees was the final judgment on the merits, and the decree appealed from was an order or decree made after final judgment for the purpose of carrying out or enforcing such final judgment, then the preceding decrees may be examined only for the purpose of ascertaining which one is the…

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