Magee

This is a petition for a writ of review, the object of which is to annul and vacate a certain order made by the respondent, the claim being and the petition declaring that the respondent acted in excess of its jurisdiction in making said order; that there is no appeal therefrom, and that there is no other plain, speedy and adequate remedy. The facts alleged in the petition are as follows: On the twenty-seventh day of April, 1908, Ellen Magee, Catherine Magee and James Magee, Sr., as plaintiffs, in an action for a partnership accounting, obtained a judgment against James Magee, Jr., as defendant therein, for the sum of $4,877.82, together with costs amounting to $12.15. On the eleventh day of May, 1908, and before notice of said judgment had been served upon or given the defendant, James Magee, Jr., the latter served and filed in said action "a notice of motion for a new trial, and, at the same time, served upon plaintiffs a proposed statement on said motion, and said motion and said statement are now pending in said court." On the nineteenth day of September, 1908, "the defendant served upon the plaintiffs in said action a notice of appeal from said judgment and the whole…

We concur on the ground that the order discussed in the opinion is appealable.