Spencer v. Nelson

Defendants and respondents have filed motions to dismiss two appeals, both taken by plaintiff and appellant, from an order granting a new trial and from the judgment.

The action was brought for declaratory relief to ascertain the validity and effect of a written agreement. After trial by the court, judgment was entered in favor of defendants, determining that the instrument was invalid. Plaintiff sought to attack this adverse judgment both by motion for new trial and by appeal, as hereinafter appears.

Plaintiff’s motion for new trial was in the usual form, and one of the grounds set forth was…