Madden

This is an action for divorce. In the interlocutory decree the court adjudged that defendant is not the father of a minor child named Charles. Plaintiff appeals from that part of the decree adjudging that defendant is not the father of the child and from an order denying her motion for á new trial with respect to that issue. The order denying a new trial is not appealable and the appeal therefrom must be dismissed.

Plaintiff asserts the court erred in admitting evidence of a blood test. Dr. Madeline Fallon testified a technician in her office drew blood samples from plaintiff, defendant, and the child Charles; she was not present when the blood was drawn. Over plaintiff’s objection Dr. Fallon was then permitted to testify that a test was made and she found that “The blood group, Mr. Madden, Group 0; Florence Madden, Group 0; Baby Charles, Group A”; that the children of plaintiff and defendant “would have to be 0”; none of their offspring “could have any A or B group in their tests”; defendant could not possibly be the father of Charles.

It is first argued it was error to admit the evidence because under section 1962, subdivision 5, of the Code of Civil Procedure Charles is…