From Casetext: Smarter Legal Research

Dean v. Midland Farms Co.

Court of Appeal of California, First District, Division One
Jan 9, 1929
96 Cal.App. 214 (Cal. Ct. App. 1929)

Opinion

Docket No. 6509.

January 9, 1929.

APPEAL from an order of the Superior Court of the City and County of San Francisco granting a new trial. E.P. Shortall, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

John Anthony McGee for Appellant.

Robt. H. Schwab for Respondents.


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. Balboa Land Water Co., 186 Cal. 754, 760 [ 200 P. 625]; Nason v. Shinjo, 72 Cal.App. 530 [137 P. 559].) [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.


Summaries of

Dean v. Midland Farms Co.

Court of Appeal of California, First District, Division One
Jan 9, 1929
96 Cal.App. 214 (Cal. Ct. App. 1929)
Case details for

Dean v. Midland Farms Co.

Case Details

Full title:W.E. DEAN, Appellant, v. MIDLAND FARMS COMPANY (a Corporation) et al.…

Court:Court of Appeal of California, First District, Division One

Date published: Jan 9, 1929

Citations

96 Cal.App. 214 (Cal. Ct. App. 1929)
274 P. 71

Citing Cases

Wight v. Rohlffs

[3] It thus clearly appears from the facts alleged that the action is one to declare a trust and for an…

Gillis v. Bloome

There is no right of appeal from an order granting a new trial, other than "in an action or proceeding tried…