Walbridge v. Cousins

In this case a notice of intention to move for a new trial was served and filed on May 8, 1903. The statement was settled August 16, 1904, and filed September 14, 1904, and on this last-named date the motion for a new trial ivas submitted to and denied by the court. On January 6, 1905, the notice of appeal from the order was served and filed. There is no appeal from the judgment.

Respondents make the point that this court is without jurisdiction to hear-the appeal; citing subdivision 3, section 939 of the Code of Civil Procedure. This section provides that an appeal may be taken: “3. From an…