Agnew
Agnew v. Contractors Safety Assn.
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 ].)