McLaughlin

The notice of appeal in this case was served and filed on the 17th day of October, 1878. The order for judgment was made on the 7th day of October, 1878, but the judgment was not entered until the 29th day of October, 1878, or twelve days after the service of the notice of appeal.

Section 939 of the Code of Civil Procedure provides that “ an appeal may be taken from the final judgment * * * within one year after the entry of the judgment.” This appeal is from a final judgment. Prior to the adoption of the Code, § 336 of the Practice Art authorized an appeal to be taken from a final judgment “ within one year after the rendition of the judgment.” In Gray v. Palmer, 28 Cal. 416 , this provision of the Practice Aft was.before this Court for a construction, and the Court in its opinion defined with precision and minuteness the distinction between the rendition and the entry of a final judgment within the meaning of that act. The distinction which the Court drew between the two was, that a judgment is rendered when ordered by the Court, and entered when actually entered in the judgment book. “We cannot,” says the Court, “ resist the conclusion that the terms ‘ rendition ’ and ' entry…