Kauffman

On motion to dismiss appeal. The motion is made upon the grounds that the judgment appealed from is final and became final before the notice of intention to move for a new trial in the court below was served or filed, and that the appeal was not taken within the time provided by law.

The judgment was entered April 20, 1918; on the twentieth day of June, 1918, the plaintiff filed a notice of intention to move for a new trial; on the twenty-fifth day of July, 1918, plaintiff filed notice of appeal from the judgment; no notice of entry of judgment was ever given. The trial in the court below was before the court without a jury. An order denying appellant’s motion for a new trial was entered on the. sixteenth day of July, 1918.

The eases in which an appeal may be talcen from the superior court are those stated in section 963 of the Code of Civil Procedure. An amendment of that section in the year 1915 took away the right which theretof ore existed to appeal from orders denying motions for new trial. By sections 939 and 941b of the Code of Civil Procedure, an appeal from a judgment must be taken within sixty days from the entry of judgment. “If proceedings on motion for a new trial…