[1] Appeal—Order Denting New Trial—Dismissal.—An appeal from an order refusing a new trial must be dismissed where the notice of appeal was filed after the amendment of 1915 to section 963 of the Code of Civil Procedure.

[2] Judgment—Justice’s Court—Order Denting Motion to Vacate Satisfaction—Want of Jurisdiction—Effect of.—The power of a justice’s court to rule on a motion to vacate the satisfaction of a judgment becomes functus officio where the motion is denied for lack of jurisdiction, and a subsequent order denying a second motion on the merits is void. ■

[3] Id.—Order Denting Motion to Vacate not Bes Judicata.— An order of a justice’s court denying a motion to vacate the satisfaction of a judgment is not res judicata as against the right to prosecute an action in the superior court to set aside such satisfaction, where the order was made for lack of jurisdiction.

[4] Id.'—Order Denting Motion to Offset Judgments not Bes Judicata.—An order of a justice’s court denying a motion to offset a judgment which had been marked “satisfied,” and had not been revived against another judgment between the same parties in the same court is not res judicata, where the order was denied for want of jurisdiction.

[5] lb.—Belief from Satisfaction of Judgment—Equitable Jurisdiction of Superior Court.—The superior court, as a court of equity, has jurisdiction to hear and determine an action to vacate the satisfaction of a judgment of a justice’s court, where the remedy at law has been exhausted.

[6] Id.—Execution .Sale of Homestead—Vacation of Satisfaction of Judgment.—In view of section 708 of the Code of Civil Procedure, satisfaction of a judgment of a justice’s court should be set aside by -a court of equity where execution has been levied upon property of the debtor which has been homesteaded, regardless of constructive notice furnished by the recorded declaration.

[7] Id.—Failure to Plead Judgment as Defense to Subsequent Action—Absence of Laches.—Laches is not to be imputed to the holder of a judgment of a justice’s court for the failure to plead such judgment by way of defense or counterclaim to a subsequent action brought against him by the debtor, where the judgment at the time of the commencement of the action was a “satisfied” judgment and the amount in excess of the jurisdiction of the justice’s court.