Conlin v. Coyne

DESMOND, J., pro tem.

Respondent moved to dismiss an appeal from an order of the superior court denying a new trial, claiming that such an order is not appealable, under section 963 of the Code of Civil Procedure, which lists the cases in which an appeal may be taken. Prior to 1915, by the terms of that section, an order refusing, as well as an order granting, a new trial was appealable. The legislature in that year struck out the words “or refusing” before “a new trial” (Stats. 1915, p. 209), but at the same session recast section 956 of the Code of Civil Procedure in the form now in effect…