McHugh

Motion to dismiss the appeal.

The findings of fact and conclusions of law made upon the trial of the above action were filed with the clerk May 1, 1897, and judgment ordered in favor of the plaintiff and against the defendants and intervenor. On the same day the defendants and intervenor filed notices of appeal from this judgment, and also perfected their appeals. Judgment was not entered of record until May 3d. A motion is now made by the plaintiff to dismiss the appeal, upon the ground that it was taken prematurely.

At the time this notice of appeal was given, section 939 of the Code of Civil Procedure provided that an appeal from a judgment might be taken within one year “after the entry of judgment,” and it has been repeatedly held that an appeal taken before the judgment is entered of record, is premature, and must be dismissed. (Home for Inebriates v. Kaplan, 84 Cal. 488 , *229 and cases there cited.) The further provision in the same section, that “ an exception to the decision or verdict on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the…