MARINE v. DECKER SCHOOL DIST (1936)

District Court of Appeal, Second District, Division 1, California.

MARINE et al. v. DECKER SCHOOL DIST. et al.

Civ. 10977.

Decided: October 07, 1936

Richard A. Dunnigan, by Douglas M. Forsyth, both of Los Angeles, for appellants. Everett W. Mattoon, Co. Counsel, and J. F. Moroney, Deputy Co. Counsel, both of Los Angeles, 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.

The order denying a motion for a new trial, so grounded, is not an appealable order. Section 963, Code Civ.Proc., as amended by St.1933, p. 2472; 1 Cal.Jur. Ten–Year Supp. 296.

The appeal is dismissed.

BISHOP, Justice pro tem.

We concur: HOUSER, P. J.; DORAN, J.

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