Esquivel v. Raney

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[Civ. No. 18200. Second Dist., Div. Three. Aug. 17, 1951.]

JESS ESQUIVEL et al., Appellants, v. DR. RUPERT B. RANEY, Respondent.


Orloff & Pollack and Ruthe Jacobson for Appellants.

Ralph N. Highsmith and Henry E. Kappler for Respondent. [106 Cal. App. 2d 163]



Plaintiffs appealed from an order setting aside the entry of the default of defendant Rupert B. Raney. No judgment has been entered in the action.

[1] Section 963 of the Code of Civil Procedure enumerates the various orders from which appeals may be taken. An order setting aside a default before judgment is entered is not one of the orders enumerated. It is therefore not appealable. (See cases cited in 5 West's Cal.Dig. (1951) Appeal and Error, 152, ยง 113(3).)

Appeal dismissed.

Shinn, P. J., and Wood (Parker), J., concurred.