Dean v. Midland Farms Co.
W. E. DEAN v. MIDLAND FARMS COMPANY (a Corporation)
- Area
- civil
- Panel
- Homer R. Spence (author)
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 — Spence
SPENCE, J., pro tem.
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.
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 Pac. 334]. See, also, Diamond v. Superior Court, 189 Cal. 732, 739 [210 Pac. 36]; Furlow Pressed Brick Co. v. Balboa Land & Water Co., 186 Cal. 754, 760 [200 Pac. 625]; Nason v. Shinjo, 72 Cal. App. 530 [137 Pac. 559].)
*215This canse 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
- Nason v. Shinjo Docket No. 2958. · 1925-05-06
- Diamond v. Superior Court S. F. No. 10046. · 1922-10-16
- McGoldrick v. Visalia Midway Oil Co. Civ. No. 3852. · 1922-06-22
- Furlow Pressed Brick Co. v. Balboa Land & Water Co. L. A. No. 6710. · 1921-08-29