Caplan v. Brandriet

Appellant has undertaken to appeal from an adverse judgment below and from an order denying its motion for a new trial. Respondent now moves in this court to- dismiss the appeal, in so far as it is from an order denying new trial, on the ground that no notice of intention to move for a new trial was served within the statutory period.

Final judgment .was entered in the court below against the appellant on September 11, 1933, and on that date written notice of the entry of the said judgment was served on the attorney for appellant. Also on September nth, there was entered an order which…