Legal Opinion

Gittelson v. Gandolfo

California Court of Appeal

Decided September 2, 1927No. Docket No. 5121PublishedCited by 3 opinions

1Opinion of the CourtYork, J.

Respondent claims that an order refusing to set aside judgment and to enter a different judgment on the findings is not appealable.

The notice of motion to vacate judgment, an appeal from the ruling on which is the matter now before this court on appeal, is a somewhat lengthy and somewhat complicated notice of motion, and recites that it is made under the provisions of sections, 663 and 663a of the Code of Civil Procedure. The cases cited by the respondent in his motion to dismiss the appeal were apparent authority for the contention of plaintiff in his motion to dismiss. However, in the later…

2Cases cited5 opinions

  1. Bond v. United R.R. of S.F.California Supreme Court · 1911
  2. Condon v. DonohueCalifornia Supreme Court · 1911
  3. Westervelt v. McCulloughCalifornia Court of Appeal · 1923
  4. Modoc Co-Operative Assn. v. PorterCalifornia Court of Appeal · 1909
  5. Andreoli v. HodgeCalifornia Court of Appeal · 1925

3Cited by3 opinions

  1. Pomper v. BehnkeCalifornia Court of Appeal · 1929
  2. Los Angeles Soap Co. v. BossenCalifornia Court of Appeal · 1932
  3. Silverberg v. BaumCalifornia Court of Appeal · 1928

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