Northern Pacific & Puget Sound Shore Railroad v. Black

The opinion of the Court was delivered by

PIoyt, J.

This appeal is prosecuted from an order of the superior court denying the motion to vacate and set aside a judgment theretofore rendered in the cause, on the ground that the same was so made and entered against the plaintiff through its excusable inadvertence or mistake. Respondents move to dismiss the appeal on the ground that an appeal does not lie to this court from such an order.

This court has repeatedly held that no appeal lies from an order denying or granting a motion for a new trial. It has also held, in one case, that such appeal…