Mercantile Banking Co. v. Hernandez
Mercantile Banking Company, S.A. (A Corporation) v. Jose M. Hernandez
- Proceeding
- appeal from an order
- Trial court
- Superior Court of Imperial County
- Trial judge
- V.N. Thompson
- Outcome
- dismissed — Appeal dismissed.
- Area
- civil
- Panel
- Jennings (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
The appeal herein is from an order vacating and setting aside the default of the defendant *Page 511 entered by the clerk — an order made before the entry of any judgment in the action. [1] 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 P. 821]; Rauer's Lawetc. Co. v. Standley, 3 Cal.App. 44 [84 P. 214]; Rose v.Lelande, 17 Cal.App. 308 [119 P. 532]; LaPique v.Plummer, 24 Cal.App. 685 [142 P. 107].)
The appeal is dismissed.
Barnard, P.J., and Marks, J., concurred.
Cites, in this corpus
- Lapique v. Plummer Civ. No. 1303. · 1914-06-03
- Rose v. Lelande Civ. No. 1070. · 1911-10-24
- Savage v. Smith S.F. No. 5068. · 1908-10-06
- Rauer's Law & Collection Co. v. Standley Civ. No. 192. · 1906-02-08