California Courts of Appeal, 1943

Cecil v. Gallo

California Courts of Appeal · Decided February 15, 1943

57 Cal. App. 2d 145; 134 P.2d 497; 1943 Cal. App. LEXIS 158

Cases that cite this one

1 later published case cites this decision.

Potter v. Richards (Cal. Ct. App. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

THE COURT.

Respondent brings this cause before us by way of motion to dismiss the appeal taken by appellants from an order striking out certain portions of defendants’ answer to plaintiffs’ first amended complaint. The clerk’s *146transcript does not disclose that a final judgment has been entered.

On previous occasions this court has had before it similar questions. See Jordan v. Associated Discount Corp., 10 Cal.App.2d 96 [51 P.2d 1108], and Couch v. McGregor, 19 Cal.App.2d 633 [66 P.2d 159]. We find nothing in the present case to take it out of the well established rule that no appeal lies from such order. (Tedford v. San Diego Electric Ry. Corp., 79 Cal.App. 505 [249 P. 1093]; § 963, Code Civ. Proc.)

Respondent’s motion is granted and the appeal is dismissed.

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