Spiegelman v. Bowlus

Standing between us and the judgment appealed from is the shadow of a final order granting a new trial. We say the order is final because recently in a cross-appeal in this same action we dismissed an appeal from the order on the ground that an appeal therefrom would not lie. If the order is valid, the appeal from the judgment should be dismissed because the problems it presents are moot. (Kower v. Gluck, (1867) 33 Cal. 401, 407, as interpreted in Pierce v. Birkholm, (1896) 110 Cal. 669, 673 [43 Pac. 205], and in Jackson v. Dolan, (1927) 202 Cal. 468, 471 [261 Pac. 706].) Our first task,…