Nason v. Shinjo

This is a motion to dismiss the appeal herein. The case was tried before the court without a jury and judgment was entered in favor of plaintiff for a sum alleged to be due under a lease. On motion of one of the defendants the court ordered a new trial. From this order the plaintiff has appealed. The motion to dismiss is made upon the ground that the order is not appealable. An appeal lies from an order granting a new trial only “in an action or proceeding tried by a jury where such trial by jury is a matter of right.” (Code Civ. Proc., sec. 963, subd. 2; Estate of Waters, 181 Cal. 584, 586…