137 P. 249 | Cal. | 1913
In the lower court the defendant Lewis moved the court for an order setting aside and vacating a default thereinbefore entered against him by the clerk because of his failure to answer the complaint within the time allowed by a special order of the court. Upon the hearing this motion was denied. No further proceedings have been taken in the case against Lewis. No judgment has been given as to him. Thereupon he filed a notice, stating therein that he "hereby appeals to the supreme court" from the order denying his motion to vacate said default. Upon this notice, treating it as an appeal, he has filed in this court a printed transcript *525 of the complaint in the action and a bill of exceptions containing his notice of motion, the affidavits filed in support thereof, and a recital that the motion was denied.
The plaintiff makes the objection that the order denying the motion to vacate the default is not appealable. The objection is well taken. (Rauer's etc. Co. v. Standley,
It is ordered that the proceedings in this court be dismissed.
Angellotti, J., and Sloss, J., concurred.