Fristoe v. Drapeau

This action was brought to enjoin interference with the use of a roadway constructed by the common grantor of the parties. Defendants have appealed from a judgment which decrees that the parties have an equal right to use the roadway as a means of ingress and egress to and from their respective parcels. Defendants also noticed an appeal from an order denying their motion for a new trial. The order is nonappealable, and the attempted appeal therefrom is dismissed. (See Casner v. Daily News Co., Ltd., 16 Cal.2d 410, 415 [106 P.2d 201]; cf., Fickett v. Rauch, 31 Cal.2d 110, 111 [187 P.2d 402].)

Th…