
    [Civ. No. 650.
    Fourth Appellate District.
    April 15, 1932.]
    JULIA SPENCER HUNT, Respondent, v. OLIVIA JOHNSON, Appellant.
    Swing & Swing for Appellant.
    L. G. Shelton, Hert & Withington and Walter E. Byrne for Respondent.
   BARNARD, P. J.

Respondent has moved to dismiss this appeal upon the ground that it is taken from an order granting a new trial in an action which was tried by the court without a jury. It appears that the action was tried by the court, without a jury, and that this appeal is from an order granting a new trial. Under the circumstances named, the order in question was not appealable (see. 963, Code Civ. Proc.).

The appeal is dismissed.

Marks, J., and Jennings, J., concurred.  