Sprague Canning MacHinery Co. v. Western Ranching Corp.

This is an appeal from a judgment in plaintiff’s favor and from an order denying a new trial. There is also an appeal from an order of the trial court denying defendant’s motion made under section 663 of the Code of Civil Procedure to vacate the judgment and enter a judgment in favor of the defendant upon the findings.

As to the latter appeal, the respondent urges that it must be denied, for the reason that the defendant’s motion for another judgment under said section of the code was made after it had taken and perfected its appeal from the judgment, and had thereby removed the cause from the jurisdiction of the trial. court for every other purpose than that of the hearing and determination of a motion for a new trial; in other words, that the defendant, by first taking its appeal from the judgment, had deprived itself of recourse to the remedy provided by section 663 of the'Code of Civil Procedure. The conclusions we have reached respecting the merits of the case render unnecessary a decision of this question at the present time.

The action is one brought to recover the sum of eight hundred dollars alleged to be payable and unpaid upon a certain order which was in words and…