gno.law

Dean v. Midland Farms Co.

California Court of Appeal · Docket No. 6509. · 1929-01-09 · Published · 274 P. 71 · 96 Cal. App. 214 · 1929 Cal. App. LEXIS 876

W.E. Dean v. Midland Farms Company (A Corporation)

Proceeding
appeal from an order
Trial court
Superior Court of the City and County of San Francisco granting a new trial
Trial judge
E. P. Shortall
Outcome
dismissed — Appeal dismissed.
Area
civil
Panel
Homer R. Spence (author), <italic>pro tem.</italic>

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

This is an action to declare a trust and for an accounting. The cause was tried by the court without a jury and judgment was entered in favor of the plaintiff and against defendants. Upon motion by defendants, the court made its order granting a new trial, from which order plaintiff appeals.

[1] Since the amendment in 1915 of section 963 of the Code of Civil Procedure, an order granting a new trial is no longer an appealable order except "in an action or proceeding tried by a jury where such trial by jury is a matter of right." (McGoldrick v. Visalia Midway Oil Co., 58 Cal.App. 280 [208 P. 334]. See, also, Diamond v. Superior Court, 189 Cal. 732, 739 [210 P. 36]; Furlow Pressed Brick Co. v. BalboaLand Water Co., 186 Cal. 754, 760 [200 P. 625]; Nason v.Shinjo, 72 Cal.App. 530 [137 P. 559].) *Page 215 [2] This cause does not fall within the class of cases in which an appeal from an order granting a new trial is permitted.

The appeal is dismissed.

Tyler, P.J., and Knight, J., concurred.

Cites, in this corpus

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