gno.law

Linne v. Union Central Life Insurance

California Court of Appeal · Docket No. 7004. · 1932-01-02 · Published · 6 P.2d 521 · 119 Cal. App. 490 · 1932 Cal. App. LEXIS 190

BERNARD F. LINNE, Respondent, v. THE UNION CENTRAL LIFE INSURANCE COMPANY (A Corporation), Appellant

Proceeding
appeal from an order
Trial court
Superior Court of Los Angeles County
Trial judge
J. Walter Hamby
Outcome
dismissed — Appeal dismissed.
Area
civil
Panel
Bishop (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 — Bishop

BISHOP, J., pro tem.

tem.-—[1]

We are of the opinion that this appeal must be dismissed because it is taken from a. nonappealable order. Appellant’s default having been entered, it moved to have the default set aside because of its excusable neglect. This motion was denied and judgment entered. Appellant then moved to have the judgment set aside, relying on the same grounds it had advanced on the previous motion. From the order denying the motion to set aside the judgment it appeals, now urging, not only that the court abused its discretion in refusing to vacate the default judgment, but also that the judgment was void because granting relief in excess of that prayed for in the complaint.

*491 As on an appeal from the judgment itself appellant could have fully presented these two points, it cannot appeal from the order refusing to set aside that judgment.

(Mantel v. Mantel, (1902) 135 Cal. 315 [67 Pac. 758];

Bell v. Solomons, (1912) 162 Cal. 105 [121 Pac. 377];

Reynolds v. Reynolds, (1923) 191 Cal. 435 [216 Pac. 619];

Hall v. Imperial Water Co., (1926) 200 Cal. 77 [251 Pac. 912].)

The appeal is dismissed.

Conrey, P. J., and Houser, J., concurred.

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