Cramerv.Cerciat French Laundry

Court of Appeal of California, First District, Division TwoMar 10, 1954
123 Cal.App.2d 764 (Cal. Ct. App. 1954)
123 Cal.App.2d 764267 P.2d 391

Docket No. 15639.

March 10, 1954.

APPEAL from an order of the Superior Court of the City and County of San Francisco denying a new trial. Edward Molkenbuhr, Judge. Appeal dismissed.

Dreyfus, McTernan Lubliner, Leslie Lubliner, Jarvis Miller Decker and Charles W. Decker for Appellant.

Boyd, Taylor Reynolds for Respondents.

Both parties have briefed this appeal on the assumption it was taken from the judgment. However, reference to the transcript discloses that the appeal is limited to the order denying plaintiff's motion for a new trial.

[1] As it is settled beyond question (Code Civ. Proc., § 963, subd. 2) that an appeal does not lie from an order denying a new trial, this appeal must be dismissed, and it is so ordered.

Dooling, J., and Kaufman, J., concurred.