Schomaker v. Roemer
Schomaker v. Roemer
Opinion of the Court
This is an appeal by the plaintiff from a judgment in favor of the defendants in an action to quiet title.
. There were two trials of this' cause. Upon the first trial thereof the court on October 10, 1916, rendered and entered its judgment in the plaintiff’s favor, but thereafter and on January 2, 1917, made an order granting the defendant’s motion for a new trial. No appeal was or could have been taken from this order, since appeals from orders granting motions for new trials in cases of this character Were abolished by the amendment of section 963 of the *259 Code of Civil Procedure made in 1915 (Stats. 1915, p. 20). A retrial was had of the cause, at the conclusion of which the court on May 19, 1920, rendered and entered its judgment in favor of the defendants. The plaintiff did not move for a new trial but appealed directly from this judgment, and the only point which the appellant urges upon this appeal is that the trial court was in error in making its order granting the defendant’s motion for a new trial after the first judgment in the ease.
No other point being urged upon this appeal, the judgment is affirmed.
Kerrigan, J., and Waste, P. J., concurred.
Reference
- Full Case Name
- JOHANN SCHOMAKER, Appellant, v. A. P. ROEMER Et Al., Respondents
- Cited By
- 4 cases
- Status
- Published