Agnew

Agnew v. Contractors Safety Assn.

Good Law
1963 Cal. App. LEXIS 2000·216 Cal. App. 2d 154·30 Cal. Rptr. 690
Court of Appeal of CaliforniaMay 15, 1963Civ. 26414California3,011 words

Opinion

Opinion

Fourt, J.

Plaintiff has filed two separate notices of appeal. The first notice of appeal (filed October 9, 1961) discloses that plaintiff appeals “from the Judgment made and entered in said action, and from the Order denying plaintiffs [sic] Motion for New Trial in said action, and from the Order striking from the files the Declaration of plaintiff of bias and prejudice held by judge [sic] Benjamin Landis against plaintiff in said action. ’ ’ The second notice of appeal (filed January 17, 1962) discloses that plaintiff appeals “from the Order made and entered in said action on December 1, 1961, denying motion of said plaintiff for preparation of transcripts on appeal in said action in forma pauperis and at public expense.”

Before consideration of the appeal from the judgment we will dispose of plaintiff’s various appeals from the various orders.

First, the purported appeal from the order denying his motion for a new trial-. “An order denying a motion for a new trial has not been appealable since the 1915 amendment to Code of Civil Procedure, section 963.” (Leventhal v. Ollie Morris Equip. Corp., 184 Cal.App.2d 553, 558 [ 7 Cal.Rptr. 911 ].)

Second, the purported appeal from the order…

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