Hockerston

This is an action for divorce wherein the defendant did not appear, and the court after hearing the evidence entered judgment. denying the application for a divorce. The plaintiff has appealed from the judgment and from an order denying her motion for a new trial.

[1] The order denying the motion for a new trial was entered on the seventeenth day of August, 1915. The amendment of section 963 of the Code of Civil Procedure, taking away the right of appeal from an order refusing such a motion, took effect on the eighth day of August, 1915. It follows that the appeal from that order should be dismissed, but the order may be reviewed on appeal from the judgment, taken within due time. (Code Civ. Proc., sec. 956; Hirsch v. All Persons, 173 Cal. 268 , [ 159 Pac. 712 ].)

The complaint charged personal violence committed by the defendant against the plaintiff on one single stated occasion, and alleged that by- reason thereof grievous mental suffering, anguish, and distress and grievous physical suffering and pain resulted to the plaintiff. The facts shown by the plaintiff’s testimony were as follows: On the evening of the stated day the plaintiff came home after' the defendant had…