Stearns v. Marvin
California Supreme Court Oct 15, 1853Published
Before: Heydenfeldt
Synopsis
An appeal will not lie from an order of court refusing to set aside an interlocutory judgment. It should be taken upon the order itself.
Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred.
In this case no appeal lies from the refusal of the motion made by the plaintiff.
If, as has been held, an appeal lies from an interlocutory order, it should have been taken upon the order setting aside the judgment.
Appeal dismissed.
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