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The plaintiff recovered judgment in this case in the sum of eight hundred dollars for injuries caused from being run into by defendant’s automobile. The judgment was entered December 10, 1915. There was a motion for a new trial, which was denied, under an order of court dated January 3, 1916. The notice of appeal recites that the appeal is taken “from an order and judgment entered herein on Janu"ary 5, 1916, in favor of plaintiff and against this defendant, denying the motion for a new trial and entering judgment against defendant.”

[1] The uncertainty and ambiguity of this notice .is obvious. Respondent urges that it is notice only of an appeal from the order denying a new trial. At the date of this order and notice an order denying a new trial had ceased to be an appeal-able order, under amendment of section 963 of the Code of Civil Procedure. Unless the appeal was also taken from the judgment, appellant has no standing in this court. It seems entirely probable that the purpose of the notice was an appeal from the order denying a new trial alone, but, as it is open to a construction covering the judgment as well, and as respond-. ent does not appear to have been misled or…