Marine v. Decker School District

California Court of Appeal · Civ. No. 10977 · 1936-10-07 · Published · 16 Cal. App. 2d 736 · 61 P.2d 349 · 1936 Cal. App. LEXIS 505

HELEN MARINE v. DECKER SCHOOL DISTRICT

Area: civil
Panel: Bishop (author)

Analysis

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Opinion — Bishop

BISHOP, J., pro tem.

The notice of appeal, filed February 15, 1936, states that the plaintiffs appeal “from that *737certain order made and entered in the above entitled action on the 31st day of January, 1936, denying plaintiffs’ motion for a new trial”. The motion was made upon several of the grounds given as causes for a new trial in section 657 of the Code of Civil Procedure; reliance was not placed upon the provisions of section 953e of that code.

The order denying a motion for a new trial, so grounded, is not an appealable order. (Sec. 963, Code Civ. Proc.; 1 Cal. Jur. Ten-Year Supp. 296.)

The appeal is dismissed.

Houser, P. J., and Doran, J., concurred.