Savage v. Smith
California Supreme Court
APPEAL from an order of the Superior Court of the city and county of San Francisco vacating a default. Frank J. Murasky, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The appeal in this case is from an order vacating and setting aside the default of defendant — an order made before the entry of any judgment in the action. .It was dismissed from the bench upon the ground that such orders are not appealable.
Appellant, petitioning for a rehearing of the motion to dismiss, earnestly contends that in taking the appeal he followed a rule of practice established by the decision of this court in Gibson v. Superior Court, 83 Cal. 643, [24 Pac. 152]. It is true that in that ease the court, speaking of an order setting aside a defendant’s default, said that…
2Cases cited1 opinion
- Gibson v. Superior CourtCalifornia Supreme Court · 1890
3Cited by13 opinions
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
- Oskooi v. Fountain Valley Regional Hospital & Medical CenterCalifornia Court of Appeal · 1996
- Hughson v. Superior CourtCalifornia Court of Appeal · 1932
- Lapique v. PlummerCalifornia Court of Appeal · 1914
- Figueroa Vda. de Arroyo v. Saldaña Crosas Realty Corp.Supreme Court of Puerto Rico · 1932
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