Andreoli

Action to establish rescission of a contract of purchase of real property and to recover money paid on account of that contract. The defendant gave notice of appeal from the judgment; and from an order denying de fendant’s motion for a new trial; and from an order denying defendant’s motion to vacate the judgment, and that another and different judgment he entered. There is no right of appeal from an order denying a motion for a new trial. (Code Civ. Proc. sec. 963.) Also there is no right of appeal from an order denying a motion to set aside a judgment and on the findings enter another and different judgment. Section 663a of the Code of Civil Procedure provides that an order of the court granting such motion may be reviewed on appeal. By implication it was intended that there lie no appeal where such motion is denied. This is in accordance with the decisions to the same effect, which are based upon the reason that the same questions may with equal effect be reviewed on appeal from the judgment. (Eureka etc. R. R. Co. v. McGrath, 74 Cal. 49 [ 15 Pac. 360 ]; Modoc Co-operative Assn. v. Porter, 11 Cal. App. 270, 271 [ 104 Pac. 710 ].)

The appeal from the judgment comes before us on…