62 P. 264 | Cal. | 1900
This is a motion to dismiss defendant's appeal from the judgment, upon the ground that the appeal was taken after the statutory period had elapsed. This fact is not denied, but in resisting the motion it is shown that some eighteen days before the expiration of the six months allowed for appeal the plaintiff, in whose favor the judgment was rendered, had died, and that only after the expiration of the six months was an administratrix of his estate appointed, upon whom service with due diligence was made. Under this showing it is contended that the running of the statute of limitations should be held to have been suspended from the date of the death of plaintiff to the date of the appointment of his personal representative.
Statutes limiting the time of appeal are jurisdictional and mandatory. (Henry v. Merguire,
The motion to dismiss is granted.
McFarland, J., Van Dyke, J., Harrison, J., and Temple J., concurred.