Connor v. S. Cal. Motor Rd. Co.

Haynes, C.—

Appeal from judgment and an order denying defendant’s motion for a new trial.

It is conceded by appellant that the appeal from the judgment cannot be considered, because taken too late; and respondent contends that the appeal from the order denying a new trial cannot be considered upon its merits, because the statement was not settled within the time required by subdivision 3 of section 659 of the Code of Civil Procedure.

Appellant’s counsel did not notice the question in their opening brief, and, as no reply brief has been filed, we are without the benefit of any suggestions from…