Gregory v. Gregory

This is an action to quiet the plaintiffs’ title to an undivided four-fifths interest in certain real property situate in the county of Placer. The case was submitted to the court below for decision upon an agreed statement of facts from which the court drew certain conclusions of law, and in accordance therewith rendered judgment in favor of the defendants. From this judgment, and an order denying their motion for a new trial, the plaintiffs appeal.

1. After the judgment "was entered, the plaintiffs moved the court to set it aside upon the ground that findings had not been waived, and there were no-findings of fact to support it. This motion was denied, and the plaintiffs appealed from the order. Appellants now contend, that after that appeal was perfected it stayed all further proceedings in the court below, and therefore that court had no power to hear and deny the plaintiffs’ motion for a new trial. A sufficient answer to this contention is that on March 9, 1893, the appeal referred to was dismissed by this court upon the ground that the order appealed from was not an appealable order. ( 32 Pac. Rep. 531 .)

2. Appellants also contend that the judgment should be reversed,…