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.