Larkin v. Larkin
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, from an order refusing a new trial and dismissing the motion therefor, and from an order refusing to vacate such order. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This is an appeal from a final judgment in divorce proceedings, from an order refusing a new trial and dismissing the motion therefor, and from an order refusing to set aside and vacate the order above mentioned.
As the appellant confesses, there is no record here upon which an appeal from the judgment can be considered.
The order refusing a new trial and dismissing the motion therefor was itself appealable.
It has been often held by this court that it will not take jurisdiction of an appeal taken from an order refusing to set aside an order itself appealable. (Tripp v. Santa Rosa…
2Cases cited2 opinions
- Nash v. HarrisCalifornia Supreme Court · 1881
- Tripp v. Santa Rosa Street R.R.California Supreme Court · 1886
3Cited by14 opinions
- Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
- Harper v. HildrethCalifornia Supreme Court · 1893
- Wickersham v. ComerfordCalifornia Supreme Court · 1892
- Herrlich v. McDonaldCalifornia Supreme Court · 1889
- Melde v. ReynoldsCalifornia Supreme Court · 1898
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