Morris

In this action the defendant, Annie F. Young, has appealed from an interlocutory decree of condemnation for street purposes of certain land owned by her. According to her notice of appeal she also has appealed or attempted to appeal from an order denying her motion for a new trial.

The condemnation was sought to be obtained pursuant to the Street Opening Act of 1903. (Deering’s Gen. Laws, 1923 ed., Act 8198.) According to section 963 of the Code of Civil Procedure, as amended in the year 1915 (as well as under the amendments of 1917 and 1923), there is no right of appeal from an order denying a motion for a new trial. But as provided by section 956 of the Code of Civil Procedure, the court on appeal from the judgment may review any order on motion for a new trial. But it is provided by section 13 of the Street Opening Act of 1903 (Stats. 1903, p. 376), that in an action brought under that act, an appeal may be taken from any order granting or denying a new trial. Section 6 of the same act provides that “said action shall in all respects be subject to and governed by such provisions of the Code of Civil Procedure now existing or that may be hereafter adopted, as may be applicable…