Can a motion for a new trial be appealed from the order denying defendant's motion for new trial?
California, United States of America
The following excerpt is from Bank of America Nat. Trust and Sav. Ass'n v. Lamb Finance Co., 179 Cal.App.2d 498, 3 Cal.Rptr. 877 (Cal. App. 1960):
Although no appeal lies from the trial court's order denying defendant's motion for new trial, the ruling may be reviewed on the appeal from the judgment (Hamasaki v. Flotho, 39 Cal.2d 602, 248 P.2d 910). In reviewing the same, however, we find no abuse of the lower court's discretion in making the order.
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