Dean v. Midland Farms Co.

California Court of Appeal

Dean v. Midland Farms Co.

274 P. 71, 96 Cal. App. 214, 1929 Cal. App. LEXIS 876

CourtCalifornia Court of Appeal

DecidedJanuary 9, 1929

DocketDocket No. 6509.

StatusPublished

Cited by3 cases

This text of 274 P. 71 (Dean v. Midland Farms Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dean v. Midland Farms Co., 274 P. 71, 96 Cal. App. 214, 1929 Cal. App. LEXIS 876 (Cal. Ct. App. 1929).

Pincite

Opinion

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. BalboaLand Water Co., 186 Cal. 754, 760 [200 P. 625]; Nason v.Shinjo, 72 Cal.App. 530 [137 P. 559].) *Page 215 [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.

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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. BalboaLand Water Co., 186 Cal. 754, 760 [200 P. 625]; Nason v.Shinjo, 72 Cal.App. 530 [137 P. 559].) *Page 215 [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.

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Bluebook (online)

274 P. 71, 96 Cal. App. 214, 1929 Cal. App. LEXIS 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-midland-farms-co-calctapp-1929.

Opinion

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