Legal Opinion

Mercantile Banking Co. v. Hernandez

California Court of Appeal

Decided October 16, 1931No. Civ. No. 873Published

1Opinion of the CourtJennings, J.

The appeal . herein is from an order vacating and setting aside the default of the defendant *511entered by the clerk—an order made before the entry of any judgment "in the action. Such an order, where it appears that no judgment has been entered upon the. default, is not the subject of a separate appeal. It is in no sense an order made after judgment and is not one of the interlocutory orders enumerated in section 963 of the Code of Civil Procedure. (Savage v. Smith, 154 Cal. 325 [97 Pac. 821]; Rauer’s Law etc. Co. v. Standley, 3 Cal. App. 44 [84 Pac. 214] ; Rose v. Lelande, 17 Cal. App. 308…

2Cases cited4 opinions

  1. Rauer's Law & Collection Co. v. StandleyCalifornia Court of Appeal · 1906
  2. Savage v. SmithCalifornia Supreme Court · 1908
  3. Rose v. LelandeCalifornia Court of Appeal · 1911
  4. Lapique v. PlummerCalifornia Court of Appeal · 1914

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