LAPIQUE v. PLUMMER

CONREY, P. J. —

The appeal in this case is from an order vacating and setting aside the default of the defendant entered by the clerk — an order made before the entry of any judgment in the action. Appellant's contention, that such order entered by the clerk is to be regarded as a judgment, proceeds upon an entirely erroneous assumption. "Certainly it is not true that an order setting aside a default in an action where no judgment has been entered upon the default, is the subject of a separate appeal. It is in no sense an order after judgment and it is not one of the interlocutory orders enumerated in section 963 of the Code of Civil Procedure." ( Savage v. Smith, 154 Cal. 325, [ 97 P. 821].)

The appeal is dismissed.

James, J., and Shaw, J., concurred.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on July 31, 1914.