McColgan v. Jones, Hubbard & Donnell, Inc.

This is a motion to dismiss an appeal on the ground that it was taken too late. The appeal is from an order of the court granting defendants’ motion for a non-suit. Said order was entered in the clerk’s minutes.

The question involved is whether under section 581, Code of Civil Procedure, an appeal may be taken from an order of nonsuit entered in the clerk’s minutes and noted in his register of actions, or whether a judgment of dismissal must thereafter be entered on said order and the appeal taken from said judgment. If the order is appealable, the appeal herein was taken too late, and must be…