Thomas v. Lee

McCOMB, J.

— Respondent (defendant), Hair Experts, Incorporated, moves to dismiss this appeal from an order, (1) vacating and setting aside the default, and (2) quashing service of summons upon said respondent,

for the reason that such an order is not appealable.

This proposition is tenable and is governed by these rules:

(1) An order granting a motion to set aside a default before a judgment has been entered is a nonappealable order.

(Turner

v.

Follmer,

84 Cal.App.2d 815 [191 P.2d 777].)

(2) An order quashing service of summons is likewise a nonappealable order.

Cf., Saroff

v.

Saroff,

66 Cal.App. 2d 330, 331 [152 P.2d 333];

Mertens

v.

Keene,

77 Cal.App. 786, 789 [247 P. 543]; see, also, Code Civ. Proc., §§ 956,

1

963.

2

)

In the present case a judgment had not been entered when the order setting aside the default of defendant and quashing service of summons was made. Therefore the foregoing rules are applicable.

[46]

State ex rel. Fowler

v.

Moore,

46 Nev. 65 [207 P. 75, 22 A.L.R. 1101];

Carstens

v.