Watt

In this case the defendant on the second day of October, 1915, served and filed its notice of appeal from an order denying its motion for a new trial, which order was made September 13, 1915. Briefs were filed touching upon the merits of the case and the appeal was submitted for decision. Thereafter the fact was noticed by us that at the time when said appeal was attempted to be taken, and also when the order was made, the law did not provide for appeals from orders denying motions for new trial. Formerly the right to take such appeals was provided for by section 963 of the Code of Civil Procedure. By an amendment of that section, in effect on and after August 8, 1915, that right had been taken away. With consent of counsel for respondent, we have permitted counsel for appellant to file a supplemental brief for the purpose of showing, if possible, that the law as thus amended is not applicable to this case. We have given careful consideration to his argument. The question seems to have been definitely determined against the contention of appellant. In Hirsch v. All Persons, *Page 777 etc., 173 Cal. 268 , [ 159 P. 712 ], as well as in other cases there cited, the supreme court…

In denying the petition for a hearing in this court after decision by the district court of appeal of the second appellate district, we deem it proper to say that we are not to be understood as conceding that the defendant did not have the right to appeal from the judgment within thirty days after entry of the order denying his motion for a new trial, for the purpose of having reviewed the latter order of the court (sec. 939, Code Civ. Proc.), notwithstanding that his right to appeal from the judgment had expired prior to the amendment of sections 939, 956, and 963 of the Code of Civil Procedure, in the year 1915. That very question is involved in a motion to dismiss an appeal now pending in this court. Its determination is unnecessary in this case. The application for a hearing in this court is denied.