Mercantile Banking Co. v. Hernandez

Full title: MERCANTILE BANKING COMPANY, S.A. (a Corporation), Appellant, v. JOSE M…

Court: Court of Appeal of California, Fourth District

Date published: Oct 16, 1931

117 Cal.App. 510 (Cal. Ct. App. 1931)

4 P.2d 277

Opinion

Docket No. 873.

October 16, 1931.

APPEAL from an order of the Superior Court of Imperial County setting aside a default. V.N. Thompson, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

MacKinnon Kirk for Appellant.

M.C. Atchison for Respondent.

JENNINGS, J.

The appeal herein is from an order vacating and setting aside the default of the defendant entered by the clerk — an order made before the entry of any judgment in the action. [1] Such an order, where it appears that no judgment has been entered upon the default, is not the subject of a separate appeal. It is in no sense an order made after judgment and is not one of the interlocutory orders enumerated in section 963 of the Code of Civil Procedure. ( Savage v. Smith, 154 Cal. 325 [ 97 P. 821]; Rauer's Law etc. Co. v. Standley, 3 Cal.App. 44 [ 84 P. 214]; Rose v. Lelande, 17 Cal.App. 308 [ 119 P. 532]; LaPique v. Plummer, 24 Cal.App. 685 [ 142 P. 107].)

The appeal is dismissed.

Barnard, P.J., and Marks, J., concurred.