California Supreme Court July 1, 1869 (Webster v. Cook)

Rhodes, J., delivered the opinion of the Court:

The time for an appeal from a judgment commences to run from the rendition of the judgment, and not from the order sustaining the demurrer to the complaint. The appeal in this case was taken within a year from the time of the rendition of the judgment," and was within time. (Practice Act, Sec. 336.