Treiman v. Kennon

Plaintiff has appealed' from an order of the municipal court granting a new trial in a case in which trial by jury was a matter of right under our state Constitution, but which was tried by a judge without a jury, a jury having been waived. Respondents’ motion to dismiss the appeal presents the question whether such an order of the municipal court is appealable. Before the amendment of section 983 of the Code of Civil Procedure in 1933, the answer to this question was obviously “No”, for that section then expressly excepted an order granting a new trial from the category of appealable orders.

B…