Thomas

Respondents move the Court to dismiss the appeal in this case, on the ground that no judgment has been entered in the Court below. It appears from the transcript that the case was tried before the Court, and when the Judge filed his findings of fact, the following entry was made by the Clerk in Minute Book F, page 103: “ In this case, heretofore tried and submitted, the Court gives judgment for defendants, October 13th, 1879.”

On the 16th day of December, 1879, plaintiff gave notice of his motion to move for a new trial, and on the 2nd day of February, 1880, the following entry was made in the case :

“ Title of Court and Cause. The plaintiff moves the Court for a new trial on the ground specified in his notice of motion on file. The motion is submitted, and is denied. Plaintiff excepts.” (Minutes of Court, February 2nd, 1880, Book I, p. 22.) ' Thereupon plaintiff filed his notice of appeal from the so-called judgment and the order denying his motion for a new trial. It is claimed, on behalf of the respondents, that no judgment has been entered in the case; that the appeal has been prematurely taken, and should, therefore, be dismissed.

Section 670 of the Code of Civil Procedure…