California Courts of Appeal, 1936

Marine v. Decker School District

Marine v. Decker School District
California Courts of Appeal · Decided October 7, 1936 · Bishop
16 Cal. App. 2d 736; 61 P.2d 349; 1936 Cal. App. LEXIS 505

Marine v. Decker School District

Opinion of the Court

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.

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