California Courts of Appeal, 1929

Dean v. Midland Farms Co.

California Courts of Appeal · Decided January 9, 1929 · SPENCE, J., <italic>pro tem.</italic>

274 P. 71; 96 Cal. App. 214; 1929 Cal. App. LEXIS 876

Cases that cite this one

3 later published cases cite this decision.

Wight v. Rohlffs (Cal. Ct. App. 1934)
Gillis v. Bloome (Cal. Ct. App. 1932)
Evans v. Gibson (Cal. 1932)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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