Opinion
Docket No. 332.
March 16, 1931.
APPEAL from orders of the Superior Court of Tulare County denying motion to vacate an order granting a motion to strike out portions of answer and denying motion for an order giving leave to file an amended answer. J.A. Allen, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
C.W. Braswell for Appellants.
Jas. R. McBride and Power, McFadzean Crowe for Respondents.
[1] In the court below respondents made a motion to strike out certain portions of an answer filed by appellants, which motion was granted. Appellants made a motion to vacate and set aside the foregoing order and another motion for an order giving them leave to file an amended answer. Both of the latter motions were denied. They have filed a notice of appeal in which they attempt to appeal from the foregoing orders. No judgment has been rendered in the court below.
Section 963 of the Code of Civil Procedure provides when an appeal may be taken. By the terms of this section no right of appeal is given from orders such as those of which appellants complain. These orders are not appealable. ( California Portland Cement Co. v. Boone, 181 Cal. 35 [ 183 P. 447]; Cleland v. Walbridge, 78 Cal. 358 [20 P. 730]; Tedford v. San Diego etc. Co., 79 Cal.App. 505 [ 249 P. 1093]; Cuddahy v. Gragg, 46 Cal.App. 578 [ 189 P. 721].) [2] "An attempt to appeal from a nonappealable order does not give this court jurisdiction or authority to review it." ( Sherman v. Standard Mines Co., 166 Cal. 524 [ 137 P. 249].)
It is ordered that the proceedings in this court be dismissed.
Barnard, P.J., and Jennings, J., concurred.