Clarizo v. Spada Distributing Co., Inc.

*527■SLOAN, J.,

dissenting.

There are four assignments of error made in this court but each one is directed at the refusal of the trial court to allow a motion for new trial and for a judgment n.o.v.

There is no right of appeal from the denial of a motion for new trial, ORS 19.010. Macartney v. Shipherd, 1911, 60 Or 133, 117 P 814; White v. Geinger, 1914, 70 Or 81, 139 P 572. This rule is subject to the exceptions stated in Benson v. Birch, 1932, 139 Or 459, 467, 10 P2d 1050, and in Sherman v. Bankus et al, 1959, 218 Or 271, 274, 344 P2d 771, none of which have any application to this case. It does…