280 P. 554 | Cal. Ct. App. | 1929
Respondent moves the court to dismiss the appeal in the above-entitled cause for the reasons: First, that the judgment appealed from is not an appealable order within the meaning of section 963 of the Code of Civil *557 Procedure; second, that the order appealed from is not subject to review, and, third, that the appellant in his opening brief has failed to point out any error in any ruling of the trial court or in any order appealed from.
[1] In In re Yoder,
Appellant in this case had made motion for relief under section 473 of the Code of Civil Procedure to set aside a judgment of default entered on the cross-complaint.
[3] The third objection as to the matters contained in the opening brief is one that cannot be raised on a motion to dismiss an appeal.
The motion to dismiss the appeal is therefore denied.
Conrey, P.J., and Houser, J., concurred.