Esquivel v. Raney
106 Cal. App. 2d 162 | Cal. Ct. App. | 1951
JESS ESQUIVEL et al., Appellants,
v.
DR. RUPERT B. RANEY, Respondent.
California Court of Appeals. Second Dist., Div. Three.
Orloff & Pollack and Ruthe Jacobson for Appellants.
Ralph N. Highsmith and Henry E. Kappler for Respondent. *163
VALLEE, J.
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, 113(3).)
Appeal dismissed.
Shinn, P. J., and Wood (Parker), J., concurred.