Opinion
Docket No. 10977.
October 7, 1936.
APPEAL from an order of the Superior Court of Los Angeles County denying a new trial. Elliot Craig, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
Richard A. Dunnigan and Douglas M. Forsyth for Appellants.
Everett W. Mattoon, County Counsel, and J.F. Moroney, Deputy County Counsel, for Respondents.
The notice of appeal, filed February 15, 1936, states that the plaintiffs appeal "from that certain 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.
[1] 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.