Dorris

This is a creditor’s suit to set aside a conveyance, executed by defendant McKamy to defendant Keester, alleged to have been made with intent to hinder and delay plaintiff in collecting a judgment for five hundred dollars that had been given and made in his favor against Mc-Kamy in a proceeding under section 772 of the Penal Code to oust the latter from his office of city marshal of the city of Bakersfield—a proceeding wherein plaintiff here was the informer. From a judgment in favor of plaintiff adjudging that the conveyance to Keester was fraudulent and void and setting it aside, and likewise from an order denying their motion for a new trial, defendants have appealed.

[1] Notice of appeal from the order denying the motion for a new trial having been filed after section 963 of the Code of Civil Procedure had been amemdel in 1915, [Stats. 1915, p. 209], the attempted appeal therefrom must be dismissed.

Respondent’s right to the relief he here seeks depends upon whether he is a judgment creditor of McKamy, the grantor in the conveyance sought to be set aside. "Whether he is such a creditor, or even a general creditor of McKamy, depends upon the validity of the judgment in the…