Erreca v. Los Banos Cotton Gins, Inc.

THE COURT.

The defendant appeals from the order denying its motion to vacate the judgment rendered against it in favor of the plaintiff on the seventeenth day of June, 1926, and also appeals from an order refusing to grant its motion for a new trial.

By the provisions of section 963 of the Code of Civil Procedure, no appeal lies from the denial of a motion for new trial.

[1] The facts disclosed by the record in this case are identical with the facts which appear in the record in the case of Startzman v. Los Banos Cotton Gins, Inc., 82 Cal.App. 624 [256 P. 220]. In that case the order of the…