Legal Opinion
Young v. Briggs
California Court of Appeal
Decided November 4, 1936No. Civ. 1991PublishedCited by 5 opinions
1Opinion of the CourtMarks, J.
This is a motion to dismiss an appeal from an order vacating a prior order and directing that all issues of the cause be tried before a jury.
Plaintiff maintains that the order from which the appeal is taken is not an appealable order. Defendants argue that the effect of the order was to grant a new trial upon one issue of the case and that it must be considered as an order granting a new trial in a case ‘1 where a trial by jury is a matter of right” (sec. 963, Code Civ. Proc.), and an order from which an appeal lies under the provisions of that section.
The situation presented by the record,…
2Cases cited8 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
- Aspegren Co., Inc. v. Sherman, Swan Co.California Supreme Court · 1926
- Easterly v. CookCalifornia Court of Appeal · 1934
- Hughes v. DemundCalifornia Court of Appeal · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reimer v. FirpoCalifornia Court of Appeal · 1949
- Board of Education v. MulcahyCalifornia Court of Appeal · 1942
- Waidley v. DoddsCalifornia Court of Appeal · 1942
- Marshall v. RileyCalifornia Court of Appeal · 1942
- Estate of PalaCalifornia Court of Appeal · 1942