Vicino

Plaintiff filed a complaint, the defendant filed a cross-complaint, and after issue joined on each of those pleadings the parties went to trial before the court sitting with a jury. Judgment went for the plaintiff and the defendant has appealed.

The respondents make a preliminary objection to the appeal being heard on the record which is before us. A proper understanding of that objection requires the statement of these preliminary matters: The verdict was filed February 14th, the judgment was entered February 15th, and notice of intention to move for a new trial was filed February 19th, and the trial court made an order granting a new trial on April 18th, all of said dates being in the year 1924. It will be noticed that the order granting the new trial was not made within two months after the verdict and for that reason the order was ineffective. (Code Civ. Proc., sec. 660.) The record does not disclose that a notice of entry of judgment was given, nor does it disclose that a notice was given of the order granting a new trial. On May 9, 1924, the appellant filed a notice of appeal and requested that the evidence, etc., be transcribed. Thereafter the clerk’s transcript was…