Opinion
Docket No. 650.
April 15, 1932.
APPEAL from an order of the Superior Court of San Bernardino County granting a new trial. Benjamin F. Warmer, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
Swing Swing for Appellant.
L.G. Shelton, Hert Withington and Walter E. Byrne for Respondent.
Respondent has moved to dismiss this appeal upon the ground that it is taken from an order granting a new trial in an action which was tried by the court without a jury. [1] It appears that the action was tried by the court, without a jury, and that this appeal is from an order granting a new trial. Under the circumstances named, the order in question was not appealable (sec. 963, Code Civ. Proc.).
The appeal is dismissed.
Marks, J., and Jennings, J., concurred.