Bean v. Gorby

PHELPS, Justice.

This is an appeal from an order-made and entered March 8, 1954, denying-plaintiffs’ motion for a new trial. Strange as it may seem, there is no appeal from the-judgment entered in the case. It appears, however, that under the provisions of section 21-1702, A.C.A.1939, an appeal will lie-from an order denying a motion for a new-trial. Merrill v. Wheeler, 17 Ariz. 348, 152 P. 859; Pacific Finance Corp., of Cal. v. Morrow, 76 Ariz. 207, 262 P.2d 247. The-motion for a new trial in the instant case,, omitting the title, reads as follows:

“Comes Now the Plaintiffs and move the Court…