Kubli v. Hawkett
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing to set aside the judgment. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
— The appeals here are from a judgment dismissing the action as to two of the defendants, E. 0. Eobinson and J. Eobinson, for the want of prosecution thereof, and from an order refusing to set aside and vacate that judgment.
It has been decided by the appellate court that it will not take jurisdiction of an appeal from an order refusing to set aside a judgment or order which is itself appealable. (Eureka etc. R. R. Co. v. McGrath, 74 Cal. 51; Larkin v. Larkin, 76 Cal. 323; Goyhinech v. Goyhinech, 80 Cal. 409.) The judgment of dismissal in this action was appealable; hence the appeal…
2Cases cited6 opinions
- Grigsby v. Napa CountyCalifornia Supreme Court · 1869
- Goyhinech v. GoyhinechCalifornia Supreme Court · 1889
- Eureka & Trinidad Railroad v. McGrathCalifornia Supreme Court · 1887
- Larkin v. LarkinCalifornia Supreme Court · 1888
- Labish v. HardyCalifornia Supreme Court · 1888
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3Cited by18 opinions
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- People Ex Rel. Stone v. JefferdsCalifornia Supreme Court · 1899
- First National Bank v. NasonCalifornia Supreme Court · 1897
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