Lapique v. Plummer

The appeal in this case 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. Appellant's contention, that such order entered by the clerk is to be regarded as a judgment, proceeds upon an entirely erroneous assumption. "Certainly it is not true that an order setting aside a default in an action where no judgment has been entered upon the default, is the subject of a separate appeal. It is in no sense an order after judgment and it is not one of the interlocutory orders enumerated in…