Avery
Avery v. Hagenios
Opinion
Lead Opinion
James, J.
Defendant herein appealed from a judgment entered against her, also from an order denying a motion made requesting that a new trial be had, and also from an order refusing to vacate the conclusions of law and enter a different judgment. The order denying the motion for a new trial, at' the time it was made, was not an appealable order under the code section as amended. That appeal should be, therefore, dismissed. All questions sought to be presented, however, are reviewable under the appeal from the judgment.
The appeal being taken under the alternative method, appellant’s opening brief did not meet the requirement of section 953c of the Code of Civil Procedure, which in express terms directs that the parties shall print in their briefs such portions of the record as they desire to call to'the attention of the court. The meaning of this provision is most plain, and a reading of it could admit of no misunderstanding as to what the requirement is. By numerous decisions made prior to the present year it was held that the failure of an appellant to comply with this direction imposed no duty upon the appellate court to examine the typewritten record in order to ascertain the validity…