Dean

This is an action to declare a trust and for an accounting. The cause was tried by the court without a jury and judgment was entered in favor of the plaintiff and against defendants. Upon motion by defendants, the court made its order granting a new trial, from which order plaintiff appeals. [1] Since the amendment in 1915 of section 963 of the Code of Civil Procedure, an order granting a new trial is no longer an appealable order except "in an action or proceeding tried by a jury where such trial by jury is a matter of right." ( McGoldrick v. Visalia Midway Oil Co., 58 Cal.App. 280 [ 208 P. 334 ]. See, also, Diamond v. Superior Court, 189 Cal. 732 , 739 [ 210 P. 36 ]; Furlow Pressed Brick Co. v. Balboa Land Water Co., 186 Cal. 754 , 760 [ 200 P. 625 ]; Nason v. Shinjo, 72 Cal.App. 530 [ 137 P. 559 ].) *Page 215 [2] This cause does not fall within the class of cases in which an appeal from an order granting a new trial is permitted. The appeal is dismissed. Tyler, P.J., and Knight, J., concurred.